BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 10 of 2018
Md. Aptar Hussain Barbhuiya
S/O- Lt. Mahi Uddin Barbhuiya
Vill- Gobindapur (West) Part-III, P.O- Gobindrapur (W)
P.S- Katigorah, Dist- Cachar, Assam.…………………………. .. Complainant.
-V/S-
1. The Oriental Insurance Co. Ltd., Represented by its D.M
(A Govt. of India undertaking), Divisional Office,
Town Club Building, Silchar……………………..……………… O.P.No.1.
2. The Mahindra & Mahindra Financial Services Ltd.
Represented by its Manager
Shillong Patty, Silchar ………………………………………….. O.P.No.2.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Jagodish Barbhuiya, Advocate for the complainant.
Miss. Ranjana Hore, Advocate for the O.P.No.1
None for O.P.No.2.
Date of Evidence 09-10-2018, 26-11-2018,
Date of written argument 24-12-2018, 07-02-2019
Date of oral argument 04-03-2019, 28-03-2019
Date of judgment 09-04-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath
- This case has been brought by Md. Aptar Hussain Barbhuiya against the Oriental Insurance Co. Ltd. Silchar Division and another for award of Rs.2,50,000/- as claim of Insurance for damage of his insured vehicle vide Regd. No. AS.11 BC-4104 and compensation for disservice etc.
- Brief facts:-
The Complainant purchased the aforesaid vehicle on financial aid of the Mahindra & Mahindra Financial Service Ltd. Silchar and to protect that property insured with the Oriental Insurance Co. Ltd. vide Insurance policy No.322600/31/2016/9816. The period of insurance was from 29/01/2016 to 28/01/2017. But on 29/04/2016 the said vehicle was damaged due to cyclone. Accordingly, he submitted claim with the Oriental Insurance Co. Ltd. but the insurance company repudiated his claim on 30/05/2017.
- The O.P.No.1 i.e the Oriental Insurance Co. Ltd. in its W/S stated that on receiving the claim form, the surveyor assessed the loss due to damage of the vehicle was Rs.1,63,600/- but the claim was repudiated due to invalid fitness certificate of the vehicle vide letter dated 05.06/2017. The O.P.No.2 i.e the Mahindra & Mahindra Financial Services Ltd. did not contest the case, for which this case has been proceeded exparte against the said O.P.No.2.
- During hearing the Complainant submitted deposition and exhibited document including fitness certificate vide Ext.5. The O.P.No.1 also submitted deposition of Mr.S.S Dutta Choudhury, the Assistant Manager and exhibited some documents including verification Report of Fitness Certificate of the insured vehicle. After closing evidence both sides counsels submitted argument.
- I have heard oral argument of both sides counsels and perused the evidence on record including written argument.
- In this case the O.P.No.1 admitted the fact of damage of the vehicle and also stated that the surveyor of the O.P.No.1 assessed the loss due to damage as Rs.1,63,600/-. But the plea of the O.P.No.1 is that the claim has been repudiated due to expiry of fitness certificate. To support, exhibited not only fitness certificate vide Ext.B but also exhibited a verification report of DTO, Cachar vide Ext.C. As per those documents the fitness of the vehicle expired on 16/02/2016. The Complainant also exhibited fitness certificate vide Ext.5. The Ext.5 and Ext.B are same because both the documents speaks that validity Fitness was upto 16/02/2016. The Complainant did not clarify as why validity of fitness was not renewed to cover the date of incidence of damage of the vehicle as on 29/04/2016. Hence, in my considered view on the date of incidence of cyclone on 29/04/2016 there was no fitness certificate.
- As such though the surveyor assessed the loss of damage vehicle was Rs.1,63,600/- but the complainant is entitled damages on non-standard basis of an amount less than 25% of the assessed value of Rs.1,63,600/-. Thus, on simple calculation he is entitled Rs.1,63,600-40,900 = Rs.1,22,700/- as claim of his insurance of the damaged vehicles. In addition he is entitled the proceeding cost of Rs.5,000/.- No more amount is entitled on the head of compensation because of failure for non-submission of Renewal Fitness certificate covering the date of incidence above.
- Accordingly, the O.P.No.1 is asked to pay the above awarded amount of Rs.1,22,700 + Rs.5,000 = Rs.1.27,700/- within 45 days from today. In default, interest at the rate of 10% per annum to be added with the aforesaid awarded amount.
- With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 9th day of April, 2019.
