Consumer Complaint No.109 of 2016
Date of filing: 23.6.2016 Date of disposal: 20.02.2017
Complainant: Bule Mondal, S/o. Narayan Mondal, resident of Benachity, Masjid Mahalla Road, Durgapur, PS: Durgapur, District: Burdwan, PIN – 713 213.
-V E R S U S-
Opposite Party: Branch Manager, The New India Assurance Co. Ltd., Ajit Banerjee Building, Nachan Road, Bhiringi, Durgapur, PS; Durgapur, District: Burdwan, PIN – 713 212.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Tapan Kumar Jash.
Appeared for the Opposite Party: Ld. Advocate, Ahi Bhushan De.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act alleging deficiency in service and unfair trade practice as the OP has repudiated the insurance claim of the complainant illegally, arbitrarily and improperly.
The brief fact of the case of the complainant is that he is an owner of Maruti EECO being No. WB 40V-6616 and the said vehicle was insured with the OP under Private Car Package Policy bearing Policy No. 51210231140100011153 for the period from 16.11.2014 to 15.11.2015. the said vehicle met with an accident on 20.4.2015 at about 6 to 6.30 pm on NH2 near Khano More while the said vehicle was returning to Durgapur and the vehicle was totally damaged and the occupants of the said vehicle were severely injured and a police case was started by the Galsi P.S. vide Galsi P.S. Case No. 130/2015, dated 25.4.2015. The complainant informed the Op about the said accident on 29.4.2015 and submitted claim form to the office of the OP with all documents and claimed ID value Rs. 1, 88,572=00 as the said vehicle will not be repairable and is lying in a garage. The OP appointed one Surveyor who surveyed the damaged vehicle and the Surveyor-Loss-Assessor submitted the report. Thereafter one Nirmal Kar happens to be an investigator of the OP along with another person disclosed an office of the OP came to the house of the complainant and asked the complainant to call the driver and on call the said driver came to my house when said Nirmal Kar asked about the manner of accident to me and my driver. After disclosing the fact about the accident when the said two persons threatened and forced to write and sign in a white paper according to his dictation. Thereafter the complainant wrote a letter on 01.12.2015 to the Branch Manager of the OP about the said illegal act of Nirmal Kar and about the status of those persons. Thereafter the Op without considering the report of the Surveyor repudiated the claim of the complainant on the ground that the vehicle was plying on hire as reported by Nirmal Kar- the Investigator vide letter dated 21.9.2015 which is illegal, improper and arbitrary and such act clearly indicates deficiency in service and unfair trade practice on the part of the OP, but infact the said vehicle was not plying on hire at the material point of accident. The complainant filed a complaint against the said Nirmal Kar before the Ld. ACJM, Durgapur for sending the said complaint to O.C., Durgapur P.S. for investigation treating the said complaint as FIR and the Durgapur P.S. started Durgapur P.S. Case No. 595/2015, dated 14.10.2015 u/S. 420/406/419/499 I.P.C. against Nirmal Kar. The complainant has been suffering from great mental pain, agony and harassment and loss and finding to no other alternative has been compelled to file this complaint before this ld. Forum with a direction to pay Rs. ID value of the said vehicle of Rs. 1, 88,572=00 along with Rs. 50,000=00 towards mental pain, agony and harassment and Rs. 10,000=00 as litigation cost.
Notice was served upon the OP and the OP after receiving the notice contested the case by filing written version.
The OP in its written version admitted the fact of the accident and the concerned police case and also admitted the appointment of Surveyor for estimating the damage caused in the vehicle. But the OP engaged an Investigator to investigate the actual manner of accident. The Investigator, namely, Nirmal Kar went to visit the complainant and his driver as alleged by the complainant. During investigation by Nirmal Kar, the driver disclosed the fact about the accident and Mr. Kar did not at all threaten or force the complainant or his driver to write and sign in a white paper as alleged by the complainant. The said Investigator submitted his report dated 17.8.2015 which has been received by the Divisional Office, Durgapur of this OP on 18.8.2015. From the said report of the Investigator dated 17.8.2015 it reveals that Mr. Kar enquired about the accident on 20.4.2015 from the insured/complainant being the owner of the said vehicle in question and requested him to give in writing about the said alleged accident on 20.4.2015. From the said written statement of the owner and also of the driver it appears that the said vehicle in question was taken on hire by the outside passengers i.e. about six persons with three minor child for going to 108 Shiv Mandir at Burdwan and the said vehicle in question being a private car for private use. Be it mentioned that it appears that as per instruction of the owner the driver took passengers on hire from Benachity to Burdwan and met with an accident when it was returning from 108 Shiv Mandir, Burdwan to Benachity, Durgapur at NH2, Galsi under the Galsi P.S. It was also stated that the vehicle was running on hire by taking the aforesaid persons along with children or passengers. The said Investigator also investigated about the said alleged accident at Galsi P.S. and has come to learn from the said P.S. that the accident is genuine and correct one and the said vehicle met with an accident due to rash and negligent driving of the driver and the six passengers were injured and one child spot dead and the said case of accident is a road traffic accident. The said Investigator also met the injured persons at Benachity Bazar who told the said Investigator that they took the said vehicle on hire from Benachity to Burdwan 108 Shiv Mandir and at the time of returning the said accident occurred in Galsi P.S. The owner used the vehicle as commercial purpose by taking a Private Use Package Policy and thus violated the policy condition and the Op prayed for dismissal of the complaint.
Decision with reasons:-
Perused all the documents submitted by the complainant, as well as, the OP. From the documents it is evident that the questioned car was hired which carried six persons during the time of accident. It is also evident from the investigation report along with its enclosures submitted by the Nirmal Kar, the Investigator deputed by the Divisional Office of the OP. From the written statement of the owner of the vehicle and the statement of the driver who was driving the vehicle at the material point of time of accident it is found that the vehicle was plying on hire. It is a clear case of violation of Indian Motor Vehicle Rules and the policy conditions since the concerned vehicle is registered and insured as private car. Hence, the complainant has violated the said rules and policy condition of his car which is registered and insured as private car. Though the complainant stated in his complaint and argued that said Nirmal Kar forced him and his driver to write down the statement which tells about the hiring of passengers, it is not corroborated by any documentary evidence rather some witnesses have corroborated that the concerned vehicle was plying on hire with six passengers. Accordingly, the claim of the complainant does not stand. The complainant loses his case,
Hence, it is
O r d e r e d
that the Consumer Complaint No. 109/2016 is dismissed on contest against the OP without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
