DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 84/2020
Date of Filing: Date of Admission Date of Disposal:
16.10.2020 21.12.2020 01.08.2023
Complainant/s:- | Abul Kalam Azad, S/o Mehar Ali, Vill. Ichapur, Kalupara, P.O. Prithiba, Bira, P.S. Habra, District North 24 Parganas, Pin – 74323. = Vs= |
Opposite Party/s: | - The Manager, O. D. Claims Department, Reliance General Insurance Co. Ltd., Himalaya House, 8th Floor, 38B, B. J. L. Nehru Road, Kolkata – 700071.
- The Service Manager, Reliance General Insurance Co. Ltd., Himalaya House, 8th Floor, 38B, B. J. L. Nehru Road, Kolkata – 700071.
- Sri Dharmendra Mishra, Chief Investigating Officer, “Dev Apartment” Flat No. 406, 4th Floor, 39, Abhoy Guha Road, District – Howrah, Pin - 711204
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P R E S E N T :- Smt. Sukla Sengupta………………….President
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.
The complainant stated that the complainant purchased one insurance policy from O.P. being Policy No. 150121823350002260 in respect of his vehicle vide No. WB25G8646 in an assurance that the present O.P. is bound to indemnified the complainant in respect of the damages of his said vehicle which is mentioned in the said insurance policy and the said policy was valid on and from 03.07.2018 to 02.07.2019. In their complaint, the complainant stated that on 25.04.2019 the said vehicle met with a road traffic accident at about 8:00 A.M. on NH 34 in between Bhakuri More and Sargachi, under P.S. – Berhampore, District – Murshidabad and the said accident has been registered under P.S. – Berhampore as Berhampore P.S., Case No. 515, dated 02.05.2019, under Section 279/338/427/304A I.P.C. and due to accident the said vehicle sustained any damage after accident of that vehicle the complainant has lodged a claim to insurance company under own damage claim vide No. 3119163496 and as per rules, the complainant submitted his said vehicle before Rajgharia Motor of Mohiary near Saraswati Bridge, NH 6 Bombay Road, Howrah – 711302 and the said Motor Authority issued estimate value for repair of the said vehicle as Rs. 4,54,565/-.
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C.C. No. 84/2020
The complainant further stated that after lodging the said claim the O.P. one surveyor namely Dharmendra Mishra appears from O.P. i.e. Reliance General Insurance Company Ltd. and inspected the said vehicle. The said workshop and also the said surveyor collected all relevant papers including copy of F.I.R. and copy of Seizure List and copy of all vehicular papers and copy of Driving License of accused driver from the complainant. The said authorized service centre and workshop issued document regarding estimated value for repairing cost of the said vehicle as Rs. 4,54,565/- and the said vehicle is still remain under said workshop authority. Inspite of all valid papers of the said vehicle issued by the authority neither received any approval letter from the O.P. regarding approval of cost of repairing of the said vehicle nor till today the complainant able to know the present status of his said claim. So, without approval letter regarding approval of cost, the authority did not start any repairing work of the said vehicle. So, the said vehicle sustaining more damage day by day.
Having no other alternative, the complainant sent a legal notice to the O.P. on 26.08.2019. Again on 29.02.2020, complainant sent a legal notice upon O.P. through Ld. Advocate Meri Rani Das.
Prayer of the Complainants:-
- Directed the O.P. Reliance General Insurance Company Ltd. to pay Rs. 4,54,565/- for repairing cost.
- An order directing to the O.P. to pay the cost of Rs. 25,000/- as litigation cost.
- An order directing to the O.P. to pay Rs. 1,00,000/- as mental pain and agony and anxiety.
- Any other relief or reliefs may deem fit and proper.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief/reliefs in this case.
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points of considerations are taken up together for the sake of brevity and convenience.
On perusal of the materials on record, it appears that the O.P. received the notice but did not appear before this Commission and did not file any W/V and the case do run ex-parte from 20.01.2023.
It is evident from the record that the Complainant purchased an insurance policy vide No. 150121823350002260 in respect of said vehicle being no. WB25G8646 and the said Policy was valid on and from 03.07.2018 to 02.07.2019 within the validity period, the said vehicle i.e. WB25G8646 met with a road accident on 25.04.2019 about 08:00 A.M. on NH 34 in between Bhakuri More and Sargachi under P.S. – Berhampore and the complainant files a case under P.S. – Berhampore Case No. 515 dated 02.05.2019 under Section 279/338/427/304A I.P.C.
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C.C. No. 84/2020
As per agreement by and between the complainant and insurance company, the complainant claimed an estimated value of Rs. 4,54,565/- for repairing which was issued by Rajgharia Motor Authority, Howrah near Saraswati Bridge, NH 6 Bombay Road, Howrah - 711302 as per vide Claim No. 3119163496.
The Complainant resides Village – Ichapur, Kalupara, P.O. – Prithiba, Bira, P.S. – Habra, District – North 24 Parganas and the claimed amount does not exceed the pecuniary limit of this Commission. Therefore, this Commission has ample jurisdiction to try this case.
We have perused the petition of complaint as well as Examination-in-Chief and all documents filed by the parties to this case. Wherefrom it is found that it is admitted fact that the Complainant purchased an insurance policy from the O.P. and the Policy vide No. 150121823350002260 in respect of his vehicle vide No. WB25G8646 and the complainant paid the insurance premium of Rs. 13,197/- to the O.P.
The discussed points bear positive results. As such we are of the view that the Complainant is entitled to get relief/reliefs and that will be reflected in the ordering portion. There is gross negligence in the part of the O.Ps.
The Complainant is the consumer as per provision of Consumer Protection Act, 2019 as he paid money for purchasing an insurance Policy vide No. 150121823350002260 from the Opposite Party and the accident was made within the valid period.
Hence,
It is Ordered
That the case being no. C.C.-84/2020 be and the same is allowed ex-parte against the O.P. with cost of Rs.5,000/-.
The Complainant does get the decree as prayed for.
The O.P. is directed to pay Rs.4,54,565/- to the Complainant within 3 months from the date of delivery of judgment. In default the Complainant is at liberty to put this decree into execution according to law.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Dictated & Corrected by
Member
Member President
