DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 20 of 2018

 

Sri Rajib Dasgupta,

S/O- Sri Krishna Dasgupta,

Resident of Bhattapukur, 

P.O.-A.D. Nagar, Agartala,

P.S.-West Agartala, Dist.-West Tripura, ..…..…...Complainant.

 

 

      -VERSUS-

 

The New India Assurance Company Ltd.,

Agartala Divisional Office,

4, Mantribari Road Agartala,

West Tripura. ..........Opposite party

 

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

 

For the Complainant : Sri Rajib Saha,

  Learned Advocate. 

 

            For the O.P. : Sri Gitangshu Sekhar Das,

              Learned Advocate. 

 

 

 

 

JUDGMENT  DELIVERED  ON:   20 /11/2018

 

 

J U D G M E N T

 

The Complainant Sri Rajib Dasgupta set the law in motion by presenting the petition U/S-12 of the Consumer Protection Act, 1986 complaining deficiency in service by the O.P. New India Assurance Company Ltd, Agartala Divisional Office to him.

The Complainant's case, in short, is that the Complainant had purchased one vehicle having model name TATA TIGOR -XZ(0) on 21/08/2017 from M/S Niladri Motors, Agartala. The said vehicle was duly insured with the O.P. New India Assurance Company Ltd., Agartala Division. During the subsistence of the said policy the vehicle of the Complainant met with an accident on 28/09/2017 near College Tilla outpost which resulted in much damage to it. The Accident was duly reported to the O.P. New India Assurance Company apart from filing an FIR with the O/C, East Agartala P.S.  The Complainant got his vehicle repaired from M/S. Niladri Motors by incurring an amount of Rs.83,400/- which comprises price of parts and labour charges. It is also stated by the Complainant in his complaint that on the basis of the information furnished by him, the O.P. New India Assurance Company appointed Mr. Biswajit Saha, Surveyor for assessment of loss of the vehicle. Sri Saha accordingly inspected the damaged vehicle and took photographs of it and that after assessing, the surveyor submitted report to the O.P. The Complainant further stated in his complaint that after waiting for a  reasonable time he found that his claim was not settled by the O.P. The complainant then visited the office of the O.P. to inquire into the matter. At that time the Complainant was advised by the O.P.  New India Assurance Company to submit registration certificate   along with other documents of the vehicle. On 05/02/2018 the O.P. vide letter No.531000/OD-CL/DD/2017/1594 dated 05/02/2018 repudiated the claim of the Complainant showing the ground that the Complainant has violated the provision of law as laid down U/S-192 the M.V. Act.

Hence, The Complainant approached this Forum by filing the  complaint claiming compensation of Rs.1,63,400/- against the O.P.   New India Assurance Company Ltd.    

 

2. The O.P. New India Assurance  Company Ltd. has contested the claim raised by the Complainant by filing written statement refuting the allegations of the Complainant. The O.P. has admitted that the complainant had obtained Insurance Policy of his vehicle from the New India Assurance Company Ltd. and admitted the assessment of the damaged vehicle made by their Authorized Surveyor Sri Biswajit Saha and also submission of assessment report by the surveyor on 26/12/2017. The surveyor has assessed the loss amounting to Rs.65,934/-. It is also stated by the O.P. in the written statement that Complainant though submitted some documents of his vehicle after the accident but he had not submitted copy of the registration certificate of his vehicle and that on 08/01/2018 the O.P. sent a letter to the Complainant requesting him to submit the registration certificate of the vehicle but even then the Complainant did not furnish it. Situated thus the O.P. on his own initiative collected screen report of the vehicle from the State Transport Department and that from the screen report it was found that the vehicle of the Complainant was registered with the Transport Department on 30/01/2018. But the vehicle had met with the accident on 28/09/2017. This matter was duly informed to the Complainant by the O.P. by a letter dated 05/02/2018 and by this letter the Complainant was again requested by the O.P. to submit the valid registration certificate of the vehicle on the date of accident. In reply to the letter dated 05/02/2018 the Complainant by a letter dated 09/02/2018 requested the O.P. New India Assurance Company  to review the matter and settle the claim of the Complaint early. But in the said letter the Complainant did not clarify the matter of registration certificate in respect of his vehicle at the time of accident. The O.P. in written statement has thus prayed for dismissal of the Complaint as the Complainant did not process valid registration certificate of his vehicle when his vehicle had met with the  accident on 28/09/2017. 

 

EVIDENCE ADDUCE BY THE PARTIES:-

3. In this case the Complainant produced Examination-in-Chief of himself and also submitted his Voter ID card, Sale certificate, Temporary registration certificate, Registration certificate, Insurance Policy, FIR and two letters in photo copies. He was cross examined by the O.P. 

The O.P. side also produced Examination-in-Chief of one witness namely Sri Suman Das, Administrative Officer and produced original copy of the Survey report indicating the loss sustained by the vehicle. 

 

POINTS TO BE DETERMINED:- 

4. (I). Whether the complainant possessed valid registration certificate of his vehicle when it met with the accident on 28.09.17?

 (ii). Whether the complainant is entitled to get compensation as prayed for? 

 

DECISIONS AND REASONS FOR DECISION:

5. It is the case of the complainant that his Tata Tigor vehicle which he had purchased from M/S Niladri Motors Agartala met with an accident on 28.09.17. The said vehicle was insured with the O.P. The complainant got his vehicle repaired by incurring an amount of Rs.83,400/- . The repairing work was done by M/S Niladri Motors. The complainant had duly informed the O.P. about the accident which caused much damage to his vehicle. But the O.P. made some queries in the matter but ultimately it repudiated his claim. Hence the complainant approached this Forum claiming compensation of Rs.1,63,400/- against the O.P.

6. From the pleadings and evidence of the O.P. we have found that  the O.P. made correspondence several times with the complainant  requesting him to furnish documents in respect of the vehicle of the complainant. But the complainant did not furnish registration certificate of his vehicle. The O.P. then on his own initiative collected screen report of the vehicle from the State Transport Department. From the screen report the O.P. found that the vehicle of the complainant was registered on 30.01.18  whereas, the accident had occurred on  28.09.17.  In view of this factual position the O.P. by a letter dated 05.02.18 requested the complainant to submit valid registration certificate of his vehicle on the date of accident. In reply to the letter the complainant by a letter dt. 09.02.18 requested the O.P. to review the matter and settle the claim of the complainant early. The O.P. ultimately repudiated the claim of the complainant holding that the complainant has violated the provisions laid down U/S 192 of the M.V. Act  which deals with using vehicle without registration. 

On close examination and perusal of the documents furnished by the complainant particularly the copy of temporary registration( item No. 3 of firisti dt. 11.04.18 submitted by the complainant) we  find that the complainant was given temporary registration certificate  on 18.08.17 for a period of 30 days. Admittedly the complainant's vehicle met with the accident on 28.09.17. So it is crystal clear that the complainant did not possess valid registration certificate in respect of his vehicle when the vehicle met with the accident on 28.09.17.

           In a similar case, the Hon'ble Supreme Court in Civil Appeal No.8463/2014 arising out of Special Leave Petition (Civil) No.26308/2013 held that as per section 39 of the Motor Vehicles Act no person shall drive Motor Vehicle in public place without any registration issued by the Registering Authority in accordance with the provisions laid down under the Motor Vehicles Act (copy of the judgment furnish by the O.P. side in this case vide annexure-E). 

It is apparent from the materials available in the case record that the vehicle owned by the Complainant plied on the public road on the day of accident i.e. 28/09/2017 and at that time the vehicle was without registration as its' temporarily registration got expired on 20/09/2017. Plying of such vehicle on public road is prohibited under section 39 of the Motor Vehicles Act.

8. In view of the above we find that the O.P. has rightly repudiated the claim of the Complainant. We do not find any illegality in the action taken by the O.P. for denying the claim of the Complainant. 

The Complainant in our opinion has failed to make out a case of deficiency of service committed by the O.P. toward him. 

Hence we dismiss the Complaint filed before us by the Complainant. There is no order as to costs. 

 

 

ANNOUNCED

 

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, WEST TRIPURA, AGARTALA

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.