DATE OF FILING                    :     07-05-2012.

DATE OF S/R                            :      15-06-2012.

DATE OF FINAL ORDER      :     28-09-2012.

Dr. Aloke Chowdhury,

s/o. late Kanailal Chowdhury,

residing at Kamala  Villa, Hospital Road,

G.I.P. Colony, P.O. & P.S. Jagacha,

District –Howrah---------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         The Manager,

            National Insurance Company Ltd.,

            3, Middleton Street, Kolkata – 17.

2.         The Manager,

            National Insurance Company Ltd.

Uluberia Branch, Bazarpara, P.O. & P.S. Uluberia,

Howrah – 711 316.-------------------------------------------------OPPOSITE PARTIES.

P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

F  I   N   A    L       O   R   D    E     R

            Complainant, Dr. Alok Chowdhury, by filing a petition U/S 12 of the C.P. Act, 1986 ( as amended upto date ) has prayed for direction to be given upon the o.ps/ to pay an amount of Rs. 13,993/- with interest @ 12% p.a. on and from 04-04-2011 together with a compensation of Rs. 55,000/- and a litigation cost of Rs. 10,000/- along with the other relief.

            Brief fact of the case is that complainant purchased one insurance policy being no. 153504 / 31/ 09/ 6100006867 for his car being no. WB-12A-0742 for covering the risk of accidental loss on payment of the requisite premium of Rs. 1,441/-. There was no delay or default regarding the payment of such premium. The car met with an accident on 28-11-2010 and the insurance policy was in force till 23-03-2011. As per the system of the insurance company, complainant first presented to o.p. no. 2 an estimated cost of Rs. 28,000/- for repairing his damaged car. Thereafter, on being  instructed by o.p. no. 2, complainant submitted actual bill for Rs. 18,663/- dated 07-01-2011 vide annexure 2 for refund of the same as he already made payment of the said bill amount from his own pocket on 07-01-2011 vide annexure 3.

            On being informed by the complainant, o.p. no. 2 appointed one surveyor to assess the loss,  due to accident of the car in question. And according to the assessment made by the surveyor, o.p. no. 2 released an amount of Rs. 4,670/- only out of  claim amount  of Rs. 18,663/-. On enquiry made the complainant, o.p. no. 2 vide their letter dated 12-04-2011 informed the complainant that as his car was a very old one 2K paint was not allowed where labour charges had been considerably deducted. And according to the eligibility of the claim, o.p. no. 2 released the amount of Rs. 4,670/- through a cheque in favour of the complainant. Being aggrieved, complainant filed this instant case with the aforesaid prayers.

Notices were served upon o.ps. O.ps. appeared and filed written version.  

DECISION  WITH   REASONS      :

            By paying the required amount of premium, complainant becomes a consumer of o.p.s. We have carefully gone through the written version and noted its contents. Vide para nos. 3 & 4 of the written version, o.ps. have stated that the complainant’s car was manufactured in 1995 so 2K paint was not permissible. For this reason labour charges were deducted considerably.  Further, as the age of the car exceeded 10 years 50% of depreciation was assessed by the surveyor as insurance company’s rule. But here o.ps. should have annexed the documents showing policy terms and condition according to which they had assessed the amount of loss to be paid by them as Rs. 4,670/-. Further, in absence of policy document, it is also not clear to us that what was the IDV of the aid vehicle and what was the sum insured. And written version filed by o.ps. is also not sworn on affidavit. But complainant has filed petition of complaint, swearing an affidavit which is more acceptable in the eye of law. By paying Rs. 4,670/- towards the repairing of the car that got damaged by an accident, o.ps. have admitted the fact of accident. And complainant also paid Rs. 18,663/- against the bill raised by the repairer. Accordingly, we accept  the claim of the complainant as a justified one, a legitimate claim. People take an insurance policy to cover the unforeseen risk. And at the time of payment of the claim, o.ps. are taking all false pleas which should not be allowed. Accordingly, we find by not paying the rest amount of Rs. 13,993/- of the claim, o.ps. have adopted unfair trade practice. Such action of the o.ps. is arbitrary, whimsical. Accordingly, we hold o.ps. to be deficient in service. 

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 40 of 2012 ( HDF  40 of 2012 )  be  allowed on contest with  costs  against  the O.Ps.  

      The O.Ps. are jointly ;and severally directed to release the amount of Rs. 13,993/- in favour of complainant and to pay a compensation of Rs. 2,000/- and litigation cost of Rs. 1,000/- within one month from this order, i.d., the entire amount shall carry an interest @ 10% p.a. 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.