IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.
CASE No.  CC /123/2014.
 

Date of Filing:     04.09.2014.                                                                                                                                       Date of Final Order: 06.04.2016.
 
Complainant:     Sajarul Islam, S/O Hazi Md. Rafique, Vill.& P.O. Gobindapur, P.S. Berhampore,
        Vill. & P.O. Gobindapur, P.S. Berhampore, Dist. Murshidabad.
-Vs-
Opposite Party: The New India Assurance Co. Ltd, 37A, R. N. Tagore Road, P.O.&P.S. Berhampore,          Dist. Murshidabad. Pin -742101.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 
                                         Sri Samaresh Kumar Mitra ……………………..Member.            
              Smt. Pranati Ali ……….……………….……………. Member
 
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.

 This complaint has been filed by the complainant u/s 12 of Cp. P. Act, 1986 praying for payment of balance amount of Rs.92,829/-  towards cost of repair of the insured vehicle met with an accident and compensation of Rs.5,000/- .
The complainant's case, in brief, is that the complainant's incused vehicle No. WB 57 B-2244 with OP Insurance Company met with an accident on 14.01.14 and the vehicle was damaged whose repair cost is Rs.1,71,829/-, as per policy of the complainant is entitled to get the entire amount in full when OP allowed his claim in part and paid Rs.79,000/- to the complainant. In spite of repeated request the OP did not pay the balance amount towards cost of repair. Then, the complainant has filed this complaint. Hence, the instant complaint's case.
The written version filed by the OP-Insurance Company, in brief, is that the repairing cost made in the complaint is false and fabricated. The complainant never submit the claim of repairing cost of Rs.1, 71,829.00 and Sri Shankar Pall Surveyor was appointed as surveyor on 15.1.14 where the accident took place on 14.01.14 and he surveyed the bill submitted by the complainant amounting to Rs.1,72,750/- and submitted report deriving the net loss at Rs.70,868/- and after receiving full Survey Report the net loss come to Rs.70,668.00. After receiving the said Report of Ld. Surveyor Company paid the loss sustained by the complainant. The OP never issued any part payment of the alleged loss of the complainant and assured to pay any further sum to the complaint. No money is pending before the OP and the OP is not liable to pay any amount and compensation to the complainant. The OP has no deficiency in service and the claim of the complainant is liable to be dismissed with cost.  Hence, the written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Consideration:
1.    Whether the complaint is maintainable?
2.    Whether the complaint is bad for defect of parties
3.    Whether the complainant has locus standi to file the present complaint?
4.    Whether the complaint is barred by law of limitation?
5.    Whether the complainant is entitled to get relief as prayed for?
6.    To what other relief/reliefs the complainant is entitled to get?
                                                                     Decision with Reasons.
    Point Nos. 1 to 6.
    All the points are taken up together for the sake of convenience.
    The complainant has filed this complaint praying for refund of Rs.92, 829/- and compensation of
Rs.5, 000/-.
    The complainant's case is that the complainant's incused vehicle No. WB 57 B-2244 with OP Insurance Company met with an accident on 14.01.14 and the vehicle was damaged whose repair cost is Rs.1,71,829/-, as per policy of the complainant is entitled to get the entire amount in full when OP allowed his claim in part and paid Rs.79,000/- to the complainant. In spite of repeated request the OP did not pay the balance amount towards cost of repair of the vehicle.
    On the other hand the OP's case is that the repairing cost made in the complaint is false and fabricated. The complainant never submit the claim of repairing cost of Rs.1, 71,829.00 and Sri Shankar Pall Surveyor was appointed as surveyor on 15.1.14 where the accident took place on 14.01.14 and he surveyed the bill submitted by the complainant amounting to Rs.1, 72,750/- and submitted report deriving the net loss at Rs.70, 868/- and after receiving full Survey Report the net loss come to Rs.70, 668.00. After receiving the said Report of Ld. Surveyor Company paid the loss sustained by the complainant. The OP never issued any part payment of the alleged loss of the complainant and assured to pay any further sum to the complaint. No money is pending before the OP and the OP is not liable to pay any amount and compensation to the complainant.
    To prove the case the complaint has adduced evidence on affidavit and the relevant documents in support of his case including the bill amount to Rs.1,71,829/-  for cost of repair and another voucher dt. 15.01.14 for repair amount to Rs.3, 000/-.
    On the other hand the OP's case is that the OP has surveyed the entire bill for repair amounting to Rs.1,72,750/- by an independent surveyor where report as to net loss comes to Rs.70,868/- .
The OP has filed the said survey report of Mr. Shankar Pal dt. 6.3.14.
    There is no document rebutting the said survey report.
    The settled principle is that if the survey report is not challenged and treated as cancelled, the same will prevail.
    The net loss for the accident is Rs.70,668 and it is admitted as well as established from the bank document that the OP has already deposited Rs.79,000/-.
    The complainant has failed to establish his claim for loss for cost of repair for Rs.1, 72,750/- for realization as insurance claim which is to be enquired into by the surveyor of the OP-Insurance Co and for that the complainant is not entitled to get any relief.
    Considering the above discussions as a whole we can safely conclude that the complainant is not entitled to get any relief including compensation and as such the complaint be dismissed.
    Hence,
                                                                 Ordered
that the Consumer Complaint No. 123/2014 be and the same is hereby dismissed.
    There will be no order as to cost.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.