DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE NO.63/2007 Date of filing of the Case: 30.11.2007 Complainant | Opposite Parties | 1) Smt. Ratna Roy W/O. Lt. Goutam Roy @ Sujit Roy Vill. West Hyderpur, P.S. English Bazar, P.O. & Dist. Malda 2) Sri Sujukta Roy S/O Lt. Goutam Roy @ Sujit Roy Vill. Hyderpur, P.S. English Bazar, P.O. & Distt. Malda. 3) Sri Suropito Roy ( Minor ) S/O Lt. Goutam Roy @ Sujit Roy Vill. West Hyderpur, Dist. Malda P.S. English Bazar, P.O. & Dist. Malda Being represented by his mother natural guardian Smt. Ratna Roy. | 1. | The Manager The Golden Trust Financial Services ( Near State Bank of India, Rathbari Branch), N.H. 34, P.S. English Bazar, P.O. &Dist. Malda | 2. | The Manager, The Golden Trust Financial Services, 16, R.N. Mukherjee Road, Kolkata – 700 001. | 3. | The Divisional Manager, The New India Assurance Company Ltd. Howrah Division, Madhusudan Apartment, P-18, Dobson Lane, Howrah – 711101. | 4. | The Branch Manager, The New India Assurance Co. Ltd. Malda Branch Office, 21/22 Rabindra Avenue, P.O. & Dist. Malda PIN – 732 101. |
Present: | 1. | Smt. Sumana Das, President | 2. | Shri A.K. Sinha, Member | 3. | Smt. Sumana Das, Member. |
For the Petitioner : Aliul Haque, Jagjit Singha, Advocates For the O.P.s : For O.P. No. 1 & 2 Md. Ziullah, Advocate For O.P. No. 3 & 4 None appeared Order No. 07 Dt. 19.02.2008 Petitioner’s case may be briefly stated as follows:- On 12.08.2006 at about 2-30 P.M. Gautam @Sujit Roy was proceeding towards Malda by MaxiTaxi bearing No.WB-65/2915 which suddenly collided with a mango tree as a consequence of which he sustained severe injury and ultimately succumbed to his injuries on 12.08.2006. Said Sujit @Gautam Roy subscribed one insurance policy of Rs.5,00,000/- in Group Janata Personal Accident Policy bearing No.4751220001607/E No.47-30499 which was due to expire on 07.l1.2014. This fact of accidental death of Gautam Roy was intimated to GTFS as well as New India Assurance Company. The claim form along with relevant documents were sent to O.P. No.3 through GTFS on 09.08.2007. Complainants, thereafter, made contact with different authorities repeatedly with the request to make payment of the claim of which all the O.Ps. have not paid any heed which gives rise to the instant application for the reliefs as have been mentioned in the petition of complaint. O.P. Nos.1 & 2 contest the case by filing a joint written version denying material allegations contending interalia that on receipt of claim form of the petitioners duly filed in sent the same to the authority and GTFS has no liability to satisfy any claim. Claim, if not disbursed, is a matter to be answered by the insurance company and hence the prayer is for dismissal of the petition of complaint. On pleadings of both parties, following points are to be disposed of to settle the matter in dispute: - 1. Whether the petitioners are ‘Consumers’ in terms of Sec.2 (1)(d)(ii) of the C.P. Act? 2. Whether the service of O.Ps. suffers from deficiency? 3. Whether the petitioners are entitled to get the reliefs as prayed for? DECISIONS WITH REASONS. Point No.1 ‘Consumer’ means any person who hires any services for consideration. ‘Service’ means service of any description which is made available to potential users and includes the provisions of facilities in connection with insurance as defined in Clause (o) of Seb. Sec.(i) of Sec.2 of the Consumer Protection Act. Thus, having regard to the facts and circumstances of the case there can be no dispute that the complainants are nominees of policyholder, Gautam Roy. There can also be no dispute that New India Assurance Company makes its service available in connection with insurance to potential users and, as such, the petitioners become ‘consumers’ in connection with New India Assurance Company within the meaning of the Act which disposes of the present point in the affirmative. Point No.2 At the very outset it may be stated that neither of the O.P. Nos. 3 & 4 (The Divisional Manager, The New India Assurance Company Ltd. Howrah Division, Madhusudan Apartment, P-18, Dobson Lane, Howrah – 711101 and The Branch Manager, The New India Assurance Co. Ltd. Malda Branch Office, 21/22 Rabindra Avenue, P.O. & Dist. Malda PIN – 732 101) has made appearance in Forum though notices have duly been served upon both of them and hence the case is heard exparte as against O.P. Nos. 3 & 4. We need not say that insurance contracts are ‘uberrime – fides’ and are founded upon utmost good faith. If any party fails to observe this utmost good faith, the contract may be avoided by the other. This legal position has been reiterated time and again by our Apex Court as well as by many Hon’ble High Courts. In the instant case petitioner No.2 has deposed as P.W. – 1 admitting therein that documents have been filed before the authority on 09.08.2007 though his father died on 12.08.2006 in a motor accident bearing vehicle No.WB-65/2915 and has categorically stated that inspite of verbal requests for times together the authority has not conceded for which the petitioners have been compelled to institute the present case. O.P. Nos. 1 & 2 has cross-examined P.W. –1 wherefrom it appears that all relevant documents received from P.W. – 1 have been sent to New India Assurance Company and therein it appears that GTFS has no latches on their part regarding the claim of the petitioners. All the three petitioners have filed the xerox copies of documents viz. certificate of death of Gautam @Sujit Roy, P.M. report, FIR, copy of complaint which have been marked exhibits 1 to 4. That apart, the petitioners have filed xerox copies of policy certificate where amongst risks covered ‘accidental death’ is there, PAN No.ACMPR2914C as well as voter ID Card, claim form (Exts. 5 to 8) and original acknowledgement receipt dt.22.08.2006 addressed to Smt. Ratna Roy (Petitioner no.1) and the xerox copy of letter of petitioner No.1 addressed to Divisional Manager GTFS which has been received by GTFS on 09.08.2007 (Exts. 10 and 9 respectively). It is apparent on the face of the record vide Ext.10 that claim was submitted by the petitioner No.1 against policy no. referred to hereinabove through letter dt.22.08.2006 and acknowledging receipt of the same the claim form and other documents were asked to be submitted by the Divisional Manager vide letter dt.19.09.2006. Admittedly, all the documents were submitted and though no. explanation appears as to why there was delay for such submission, yet, there can be no definite law that all the documents mustbe submitted within a month. This clause is mere directory and can never be mandatory as searching of all such documents from different authorities is a time-consuming matter nor such any excuse has been offered by New India Assurance Company because both the O.P. Nos. 3 & 4 have not made their appearance in Forum to contest the case even after receipt of notice for which the case is heard exparte as against O.P. Nos. 3 & 4. In view of above when both the O.P. Nos. 3 & 4 have kept tight in their respective offices instead of taking any action from their end there appears reasonable belief that service of O.P. Nos. 3 & 4 suffers from deficiency which disposes of the present point in favour of petitioners. Point No.3. In view of above the case succeeds as against O.P. Nos. 3 & 4 and stands dismissed as against O.P. Nos. 1 & 2 because GTFS (O.P. Nos. 1 & 2) has submitted all documents before Sr. Divisional Manager of New India Assurance Company vide letter No.GTFS/Claims/DD/JPA/21126 dt.j17.08.2007 which were attested but not the original. Proper fees have been paid. Hence, ordered, that Malda D.F. Case No.63/2007 stands decreed exparte as against O.P. Nos. 3 & 4 (The Divisional Manager, The New India Assurance Company Ltd. Howrah Division, Madhusudan Apartment, P-18, Dobson Lane, Howrah – 711101 and The Branch Manager, The New India Assurance Co. Ltd. Malda Branch Office, 21/22 Rabindra Avenue, P.O. & Dist. Malda PIN – 732 101) and stands dismissed on contest as against O.P. Nos. 1 & 2 ( The Manager The Golden Trust Financial Services ( Near State Bank of India, Rathbari Branch), N.H. 34, P.S. English Bazar, P.O. &Dist. Malda and The Manager, The Golden Trust Financial Services, 16, R.N. Mukherjee Road, Kolkata – 700 001). O.P. Nos. 3 & 4 jointly & severally do pay Rs.5,00,000/- to these three petitioners @Rs.2,00,000/- to the petitioner No.1; @Rs.1,50,000/- to each of the petitioner nos. 2 & 3. Such amount is to be given within 30 days from date failing which the petitioners be have liberty to claim interest @9% p.a. till its final realization and also at liberty to put the decree into execution. Let a copy of this order be given to both the parties free of cost at once. Sd/- Sd/- Sd/- Sumana Das A.K. Sinha S.K. Chakraborty Member Member President D.C.D.R.F., Malda. D.C.D.R.F., Malda. D.C.D.R.F., Malda. |
