The Complainant Sefali Sarkar has filed this case under section 35 of the Consumer Protection Act, 2019 against the O.P. and praying for following Order/ Relief :-

1. Direction against the O.P. to take all necessary official measures by their end suitably arranging by their necessary investigation, supplying or providing the Complainant the specific directions guidelines requirements afresh for a smooth and hassle free receipt of legitimate policy benefit by the Complainant from the O.P. under Policy No. 150721923390001021.
2.  Direction against the O.P to pay the Complainant an amount of Rs. 93,450/- (Rupees Ninety Three Thousand Four Hundred Fifty Only) towards claim of assured value of the Complainant.
3.  Direction against the O.P to pay the Complainant an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) for unfair trade practice and deficiency in service practiced by the O.P. to the Complainant.
4. Direction against the O.P to pay the Complainant an amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) for harassment, pain, agony, sufferings and financial loss caused to the Complainant by the O.P.
5. Direction against the O.P to pay litigation cost of Rs. 10,000/- (Rupees Ten Thousand Only) to the Complainant.
6. Direction against the O.P to pay the Complainant the interest @12% p.a. from the date of cause of action till actual realization.
7. Any other relief or reliefs which the Complainant is entitled. 

BRIEF FACTS OF THE COMPLAINANT

1. The Complainant is a Rustic woman and economically weak / she purchased one Battery operated Tri Cycle (E- Rickshaw), Model No. ETRON(JADE), Chassis No. MD9PETJK1911169151 Motor No. MTETRON/ETJ2651, Controller No- CETRON /ETJ2651 with a cost of Rs.93,450/- / Tax Invoice no. EP-126/19 was issued in favour of Complainant / Pollution Standard Certificate, Safety standard, Road Worthiness Dated 03.10.2019 were also issued / the E-Rikshaw was registered in favour of Complainant on 31.12.2019 vide No.- WB 73 F3909 by the competent authority declaring the validity of Certificate of Registration from 31.12.2019 to 30.12.2034/ The certificate of registration under policy n. 150721923390001021 in favour of Complainant from the Reliance General Company was purchased for the Period of Insurance with effect from 13:53 hrs on 30.10.2019 to 23:59 hrs of 29.10.2020 / on 26.07.2020 the Complainant lodged a written complainant to the Police of New Jalpaiguri Police Station, Dist. Jalpaiguri alleging that the E-Rikshaw of the Complainant vide Registration No. WB 73 F 3909 was stolen and to that effect NJP PS Case no 888/2020 under section 380 IPC, dated 27.07.2020 was started / the complainant informed the matter to ARDO Siliguri on 10.07.2020 / on 03.07.2021 Final Report being no. 568/2021 was submitted before the Ld. CJM, Jalpaiguri on 31.07.2021 by ASI Aranya Binay Das / Due to lack of possibility of getting the culprit as well as recovery of E-Ricksaw Final Report was submitted / The complainant went to the office of O.P on 09.12.2021 , submitted the FRT to the Officer of the O.P./  on several occasion the complainant went to the office of the O.P. informing that she sustained financial loss , injury , but the O.P. paid no heed to the complainant / the complainant informed the incident of theft on 27.07.2020 to the O.P. and requested for disbursement of claim and also asked about the steps what they had taken but the O.P. gave no reply to that / The acts of the O.P. for non disbursement of claim amount of the complainant is nothing but the deficiency in service on their part which caused a financial lost to the complainant  and the O.P. caused mental pain, suffering and harassment to the complainant / the cause of action arose firstly on 30.10.2019 when she purchased the E-Ricksaw, lastly on 26.07.2020 when the complainant lodged a police case  bearing no. NJP PS Case no 888/2020 (GR case no. 342/20) and also on 09.12.2021 when the Complainant submitted all documents along with FRT and order passed by the Ld. CJM, Jalpaiguri, dated 06.12.2021 to the O.P.

To prove the case the Complainant files the following documents :-

1. The Photocopy of Tax Invoice dated 30.10.2019.
2. Photocopy of initial certificate of Compliance dated 03.10.2019.                                                                                   
3. Photocopy of certificate of registration dated 31.12.2019.
4. Photocopy of Insurance Policy Scheduled under policy no 150721923390001021.
5. Photocopy of of FIR dated 26.07.2020.
6.  Photocopy of communication to the ARDO, Siliguri- Darjeeling dated 10.07.2020.
7. Photocopy of FRT as well as necessary order of LD. CJM jalpaiguri and the Receipt by the O.P. with seal.

Notice was sent from this Commission to the O. P. No. 1 On receipt of notice the O.P. No. 1 did not appear before this Commission to contest this Case. Accordingly the case is preceding Ex-parte against the O.P. No. 1.

The Complainant was given opportunity to prove this case by filing evidence. To prove the case the complainant has filed deposition in chief in the form of an Affidavit, Brief Notes of Argument and also filed some documents by a Firisty.

Perused the Plaint, deposition in the form of an Affidavit, Brief Notes of Argument and documents filed by the complainant. On perusal of the material available on record the following points are noted  to be decided by this Commission .

Points for consideration :-

1. Whether the Complainant is a Consumer?
2. Whether the case is maintainable under the Consumer Protection Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Whether the Complainant is entitled for the relief sought?                                      

                 Decision with reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

At the time of argument Ld. advocate of the Complainant argued that,the Complainant has been able to prove its case against the O.P. No. 1  not only through the evidence of the Complainant but also by producing the documents including the Tax Invoice (Bill), Certificate of Registration, Insurance Policy Schedule, FIR, FRT before this Commission. She prays for necessary direction against the O.P.

Having heard the Ld. Advocate of the Complainant and on perusal of the Plaint, written deposition, Brief Notes of Argument including the documents filed it reveals that the complainant purchased E-Ricksaw and Certificate of Registration was also issued by the concerned authority in favour of the complainant. It is also fact that the E-Ricksaw was duly insured by the O.P. having policy no. 150721923390001021. It is also proved by the Complainant that within the date of effective Insurance policy period the E-Ricksaw was stolen and to that effect the complainant lodged one FIR being No- NJP PS Case no 888/2020 (GR case no. 342/20). It is also fact & proved that the police of NJP PS filed FRT in respect of the FIR before the Ld. C JM Jalpaiguri when the IO of that case was not able to apprehend the culprit and when the IO was not able to seize the E-Ricksqaw of the complainant which was stolen. It is also fact that the matter of stolen of E-Ricksaw was duly intimated to the O.P. No. 1 immediately after the incident and the complainant on several occasions requested the O.P. No. 1 for disbursement of claim amount for such  stolen of E-Ricksaw but the O.P. No. 1 paid no heed to that.

Considering the unchallenged evidence of the complainant and considering the documents filed by her we are of the view that the Complainant has been able to prove its case against the O.P. No. 1 and there was deficiency in service as well as unfair trade practice on the side of the O.P. No. 1 towards the complainant who without having any sufficient reasons did not pay the claim amount to the complainant.

The case against the Proforma O.P. The Manager, Eco Power Electrical has already been expunged.

Hence, it is therefore,

 O R D E R E D

That, the instant Consumer Case being in No. 87/2022 is hereby allowed in part, on ex-parte against the O.P. No. 1.

The O.P. No. 1 is directed to pay the Complainant a sum of Rs. 93,450/- towards the claim of assured value of the vehicle.

The O.P. No. 1 is also directed to pay the complainant a sum of Rs. 20,000/- for deficiency in service and unfair trade practice on the part of the O.P.

The O.P. No. 1 is also directed to pay Rs. 5,000/- to the Complainant for harassment, pain, agony sufferings and financial loss to the complainant by the O.P.

The O.P. No. 1 is also directed to pay a sum of Rs. 5000/- to the Complainant as litigation cost.

The O.P. No. 1 is further directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.

The O.P. No. 1  is directed to pay the entire amount within one month from this day  with interest @9% per annum with effect from 26.07.2020 (since when the E-Ricksaw was stolen) till making payment of the entire amount in default the Complainant may prefer execution application as per law.

Let a copy of this order be given to the parties free of cost.