Hon’ble Mr. Sudip Niyogi, President
The case of the Complainant in short is that he had purchased one “Maruti” “ALTO LXI-800 BSIV” car from Sevoke Motor, Siliguri in May, 2017 at a price of Rs.3,74,000/-. The said car was duly insured with the Ops vide Policy No. MOP 4350642 dated 18.05.17 for the period from 18.05.17 to 17.05.18. The said car was purchased by way of a loan from Mahindra & Mahindra Finance, Cooch Behar Branch. On 09.10.17 at about 10.30 PM, the said car met with an accident while proceeding towards Siliguri from Bakshirhat when one street dog suddenly appeared before the car. The car was severely damaged at the rear side after a running Lorry pushed it from behind. The damaged car was taken to Prova Automobile, Chakchaka, Cooch Behar. The said Prova Automobile estimated the cost of repair of the car at Rs.3,04,932/-. The Complainant paid an advance of Rs.20,000/- in favour of Prova Automobile for repairing of the car.
The Complainant later submitted a claim to the Ops, but the Ops did not pay the said amount despite repeated requests. The Complainant also served a legal notice upon the Ops and finally, finding no other alternative, filed this case u/s 12 of Consumer Protection Act, 1986 praying for a direction upon the Ops to pay the claimed amount of Rs.3,04,932/-, Rs. 1 lakh as compensation for mental pain and agony, Rs.50,000/- for deficiency in service and Rs.15,000/- for litigation cost.
The Ops contested this case by filing a written statement, evidence etc. denying all the allegations of the Complainant. According to them, after the accident occurred, one Surveyor was appointed in order to assess the loss, who after inspecting the vehicle, computed the net liability at Rs.1,75,000/- on salvage mode basis as repairs were found infeasible. The Complainant accepted the said settlement at Rs.1,75,000/- as cash-loss basis and agreed to retain the said car “ as is where is condition”. The Complainant, suppressing all these facts, filed this case for wrongful gain. So, Ops prayed for dismissal of the case.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per provision under Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Is there any deficiency in service on the part of the Ops as alleged?
- Whether the Complainant is entitled to get any relief/reliefs, as prayed for?
DECISION WITH REASONS
Point No.1 and 2.
Neither of the parties has pressed these two issues. From the papers, it is found that the instant case is maintainable, and this Forum has both territorial as well as pecuniary jurisdiction to entertain this case.
Point No.3 and 4.
It is found that after filing of this case and appearance of the Ops, the dates for filing evidence were fixed but the Complainant, despite having got sufficient opportunities, did not file evidence. Subsequently, the Ops filed evidence on affidavit and also written argument. The Ops also filed copies of several documents. So, as the Complainant did not file any evidence, the contentions of the Complainant as made in the petition of the complaint are unsubstantiated. However, from the documents filed on behalf of the Ops, it is found that the Complainant had agreed to settle the claim at Rs.1,75,000/- on cash-loss basis as a full and final settlement and he would retain the damaged vehicle in “ as is where is condition” Thus, it is found later that the said paper regarding settlement of claim dated 06.12.17 bears the signature of the Complainant and said letter was addressed to Ops Royal Sundaram General Insurance Co. Ltd. According to the Ops, following the said settlement, they made payment of the said amount to the Mahindra & Mahindra Finance, Cooch Behar Branch, who had financed for that vehicle in favour of the Complainant. The said payment was made on 31.03.18 as appeared from the documents filed by the Ops.
So, in this circumstances, the instant complaint is liable to be dismissed.
Hence,
It is Ordered
That the instant case be and the same is dismissed on contest. No order as to cost.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
