In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 675 / 2000.
1) M/s. Gati Desk to Desk Cargo,
18/19, C.I.T. Road, Scheme-VI, Kankurgachi,
Phulbagan, Calcutta-700054. ---------- Complainant
---Versus---
1) The New India Assurance Co. Ltd.,
Reg. Office at 87, M.G. Road, Fort Bombay-400001.
2) The Regional Manager, The New India Assurance Co. Ltd.,
4, Mangoe Lane, Kolkata-700001.
3) The Branch Manager, The New India Assurance Co. Ltd.,
28, Sarat Bose Raod, Kolkata-700001.
4) General Insurance Corporation Ltd.,
8/1, S.K. Deb Road, 2nd Floor, Kolkata-700048. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 27 Dated 27/06/2012.
The petition of complaint has been filed by the complainant M/s Gati Desk to Desk Cargo against the o.ps. The New India Assurance Co. Ltd. and others. The case of the complainant in short is that complainant is owner of vehicle no.WB-03A/1435, a matador van insured with New India Assurance Co. Ltd. i.e. o.p. no.1 having policy no.315106061680 and the said vehicle running through VIP Road near Baguiati met with a massive accident and as a result the said vehicle was severely damaged and the driver of the said vehicle died and the accident took place on 12.4.1997 and FIR was lodged with Rajarhat P.S. on 13.4.1997 and complainant lodged claim with o.ps. vide claim no.31/510601/97/003/97 and o.ps. assessed loss or damage by the surveyor and the surveyor assessed loss of Rs.5000/- and on being dissatisfied by such assessment complainant caused survey by an experienced surveyor viz. Amalendu Bhattacharjee since who assessed loss worth of Rs.57,378/- and o.ps. granted a sum of Rs.5500/- only as against actual loss and repairing expenses of complainant worth Rs.57,378/- and complainant also suffered loss to the tune of Rs.1,05,000/- for delay in settling the claim for which the said vehicle was kept detained and o.p. vide their letter dt.6.5.2000 repudiated he claim. Hence the case.
Here it is to be mentioned that the instant case was earlier heard and disposed of by this Forum on 28.5.02 wherein the case was disposed of in favour of complainant and as against said order o.ps. made an appeal before the Hon’ble State Commission being FA no.129 of 2008 and Hon’ble State Commission was pleased to set aside the order of this Forum and remanded back the instant case with the direction to dispose of the case after giving opportunities to the parties to get their evidence recorded in accordance with law.
All the o.ps. had entered their appearance in this case by filing w/v and evidence, denying all the material allegations labeled against them. Ld. lawyer of o.ps. in the course of argument submitted that the instant case is not maintainable since the prayer made by complainant in its petition of complaint is frivolous and has prayed for dismissal of the case.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that the vehicle referred to above belonging to the complainant met with an accident and the vehicle was badly damaged. It is apparent from the record that complainant had to incur a sum of Rs.57,378/- for repairing of the damage vehicle and o.ps. allowed only Rs.5500/- as against such expenditure. Complainant was dissatisfied with the survey report and the surveyor since as per opinion of complainant the surveyor was not independent and complainant caused survey of the damage of the sustained vehicle by an experienced surveyor. On perusal of the entire materials on record we do not find any justification for repudiating the claim of complainant whilst the materials on record particularly suggest that complainant deserves consideration so far as its claim is concerned. Therefore, we are of the view that o.ps. had deficiency being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.ps. with cost. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.57,378/- (Rupees fifty seven thousand three hundred seventy eight) only together with interest @ 9% p.a. from the date of repudiation till the date of realization and o.ps. are further directed to pay a sum of Rs.1,05,000/- (Rupees one lakh five thousand) only on account of loss sustained by complainant due to not settling the claim and for the loss keeping the vehicle kept lying together with interest @ 9% p.a. from the date of repudiation till the date of realization and o.ps. are further directed to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
