Order No.  10  dt.  03/05/2018

        The case of the complainant in brief is that o.p to the willfully adopted unfair trade practice by not discharging their legal duties in an illegal manner because of repudiation of the claim of the complainant for the damage sustained in respect of the Truck No. WB-23B-2390. The complainant categorically stated that for the purpose of his business purchased a truck and the said truck was insured with the o.p. insurance company. After payment of the premium of the policy the complainant received the policy being no. OG-16-2401-1803-00008029 and the policy remained valid from 25.09.2015 till 24.09.2016. The said truck met with an accident on 07.12.2015 while the truck was returning from Baleshwar, Orissa to Kolkata near Khalishali, Howrah collided with another unknown vehicle for which the vehicle got damaged and FIR was lodged and subsequently the complainant submitted the bill for repairing of the said damaged truck but the o.p. insurance company wanted to settle the claim of the complainant by paying only Rs.90,000/- (Rupees Ninety Thousand) only. The complainant refused to accept the said amount and since there was unfair trade practice on the part of the o.p. insurance company the complainant filed this case praying for direction upon the o.p. for disbursement of the amount of Rs.2,75,000/- (Rupees Two Lakh and Seventy Five Thousand) only and also prayed for compensation and litigation cost.

            The o.p. failed to file written statement within the statutory period for which this case has proceeded for ex-parte hearing. Against the said order the o.p. insurance company preferred a revisional application before the Hon’ble State Commission and after hearing both the parties the Hon’ble State Commission was pleased to dismiss the revisional application. Accordingly, the case has preceded ex-parte.

            In order to substantiate the claim of the complainant the complainant filed an affidavit of evidence wherein he stated that for the purpose of his business purchased a truck and the said truck was insured with the o.p. insurance company. After payment of the premium of the policy the complainant received the policy being no. OG-16-2401-1803-00008029 and the policy remained valie from 25.09.2015 till 24.09.2016. The said truck met with an accident on 07.12.2015 while the truck was returning from Baleshwar, Orissa to Kolkata near Khalishali, Howrah collided with another unknown vehicle for which the vehicle got damaged and FIR was lodged and subsequently the complainant submitted the bill for repairing of the said damaged truck but the o.p. insurance company wanted to settle the claim of the complainant by paying only Rs.90,000/- (Rupees Ninety Thousand) only. The complainant refused to accept the said amount and since there was unfair trade practice on the part of the o.p. insurance company the complainant filed this case praying for direction upon the o.p. for disbursement of the amount of Rs.2,75,000/- (Rupees Two Lakh and Seventy Five Thousand) only and also prayed for compensation and litigation cost.

            Considering the said evidence on record as well as the document filed by the complainant wherefrom it is evident that for repairing of the said damaged vehicle and assessment was made by a garage which was duly informed to the insurance company but the insurance company without any intimation to the complainant allegedly held an assessment of damage through a surveyor. No report of the surveyor was provided to the complainant.

            The o.p. failed to contest this case and the complainant in order to fortify his claim filed some documents including the FIR lodged by the driver immediately after the said incident as well as the report from garage assessed the amount for repairing of the said damaged vehicle. Since the evidence of the complainant has remained unchallenged and the policy was valid at the time of said incident, therefore, we hold that the o.p. insurance company in order to avoid the payment of the damage sustained by the complainant’s vehicle tried to put pressure upon the complainant for receiving the amount of Rs.90,000/- (Rupees Ninety Thousand) only which was denied by the complainant. Thereby we hold that there was unfair trade practice on the part of the insurance company and the complainant will be entitled to get the amount as assessed by the garage for repairing of the said vehicle to the tune of Rs.2,75,000/- (Rupees Two Lakh and Seventy Five Thousand) only and also the complainant will be entitled to get the other reliefs.

            Thus all the points are disposed of accordingly.

            Hence, it is ordered

            that CC/459 of 2016 is allowed ex-parte against the o.p. The o.p. is directed to pay an amount of Rs.2,75,000/- (Rupees Two Lakh and Seventy Five Thousand) only and also to pay compensation of Rs.30,000/- (Rupees Thirty Thousand) only and litigation cost of Rs.5,000/- (Rupees Five thousand) only within 30 days from the date of communication of this order, i.e. an interest @8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.