DATE OF FILING                    :     04/07/2014

DATE OF S/R                            :      07/08/2014

DATE OF FINAL ORDER      :     18/08/2015

SEKH MOSTAFA

S/O late Sekh Mahammad,

Residing at - Vill Chandrapur, Uttarpuraba Bagnan - 2

P.S. Uluberia

Dist Howrah 711 303………………………………………………….. COMPLAINANT.

• Versus   -

1.         The Manager,

Cholamandalam MS General Insurance Co. Ltd

6A, Middleton Street (3rd floor)

Kolkata 700 071,

Having its Registered and Head Office at - Dare House at -,

Dare House, 2nd floor, 2, N.S. C. Bose Road,

Chennai 600 001..…………………………………………OPPOSITE PARTIES.

P   R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.

F  I   N   A    L       O   R   D    E     R

1. Complainant, Sekh Mostafa,  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay Rs.1,10,000/- towards damages and compensation and Rs.20,000/- as litigation cost along  with other relief or reliefs as the  Forum may deem fit and proper.

2. Brief fact of the case is that complainant took one moter Insurance policy from O.P. for his vehicle bearing No WB41E/4391, for which O.P. also issued policy document vide annexure. On 14/12/2013 his vehicle met with an accident and one G.D. entry was lodged at Binpur Police Station having no. 604 dt. 14/12/2013. As the vehicle got bodily damaged, he gave it to the repairer and repairer gave him one quotation dt. 18/12/2013 vide annexure. Subsequently, the vehicle was repaired and complainant paid Rs.79,400 vide money receipt dt. 30/12/2013. In the mean time, he lodged his claim with the O.P. vide claim no. 3379100280 along with all necessary papers. Although O.P. asked for some more documents from the complainant vide their letter dt. 23/12/2013 06/01/2014 17/01/2014 etc., complainant submitted all papers together and requested for the release of the claim amount. But O.P. did not release the same even after receiving different letters from complainant, lastly on 31/03/2014. Being frustrated and finding no other alternation, Complainant filed this instant petition with the aforesaid prayers.
3. Notice was served upon O.P. O.P. appeared and filed W/V.

4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

2. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. We have carefully gave through the W/v and the annexures filed by O.P. and noted their contents. Contending, interalia, O.P. has stated that as the complainant did not submit all papers, they were unable to process his claim but on perusal of the record, we find complainant had submitted all papers required for processing the claim. Even if it is true for argument sake, complainant has submitted all papers in this instant case and the entire set of petition and annexure was served upon O.P. So, O.P. could have released the amount to the complainant during the pendency of this case. But there is no such prayer from the side of the O.P. O.P. had taken the premium to indemnify the loss incurred by complainant for repairing the vehicle which is covered under the policy in question. But O.P. failed to discharge their part of the duty when the claim arises under the policy in question, which is nothing but unfair trade practice. Due to this arbitrary non action on their part. Complainant had to suffer mentally and physically which should not be allowed to be perpetuated for an indefinite period. So we are of candid opinion that it is a fit case where the prayers of the complainant should be allowed.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 374 of 2014 ( HDF  374 of 2014 )  be  allowed on contest with  costs  against  the O.P. 

      That the O.P. is directed to pay Rs.79,400/- to the complainant.

       That the O.P. is further directed to pay to the complainant an amount of Rs.3000/- as compensation and Rs.2000/- as litigation costs.

      That the o.p. is directed to pay the entire amount of Rs.84,400/- to the complainant  within one month from the date of this order i.d., the aforesaid  amount shall carry an interest @ 10% per annum till full realization.

       The complainant is at liberty to put the decree into execution after expiry of the appeal period.

       Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F., Howrah.