F I N A L   O R D E R

This is a case U/S 12 of Consumer Protection Act, 1986 with the prayer for an

Order directing the O.P. to pay the cost damage of the vehicle being No.WB-59/5461 amount of Rs.2,05,000/- with interest @ 9% p.a. from the date of accident, to pay compensation for Rs.45,000/-, Rs.5,000/- as litigation cost and other reliefs to the complainant.

The complainant’s case in short is that the complainant is an owner of the vehicle, being No.59/5491 has insured under the O.P. with insurance policy being No.313501/31/2009/7188, valid from 20.11.2011 to 19.11.2012 and Rs.2,50,000/- is sum assured. The said vehicle met with a road accident on 02.12.2009. The complainant informed the matter immediate after the said accident to the O.P. insurer. The complainant claimed damage cost of Rs.2,05,000/- to the O.P. as per repairing charge of the said damage vehicle-in-question. Thereafter, several correspondences, lastly on 09.01.2013 were made by the complainant to get such claimed amount. But the O.P. insurer did not take any steps for payment. For deficiency in providing service on the part of the O.P. the complainant was forced to file this complaint before this Forum with prayer as mentioned above.

The O.P. contested this case by filing W.V. while denying all the allegations made by the complainant and claimed that there is no latches and negligence on the part of the O.P./insurer to settle the claim of the complainant and due to that reason the O.P. insurer has prayed to dismiss this case with cost.

DECISIONS WITH REASONS

To establish the case the complainant has relied upon an affidavit-in-chief sworn by her, upon some documents and the complainant also cross examined by the O.P./insurer.

We carefully perused the contents of the petition of complaint, written version, documentary evidences on record and arguments advanced by the Ld. Lawyer for both the sides.

It reveals from the documents filed by the complainant that the complainant is the owner of the vehicle being No.WB-59/5461 and the Xerox copy of the FIR shows that the above vehicle met with an accident on 02.12.2009.

The complainant mentioned in her complaint petition that as an owner of the vehicle being No.WB-59/5461 the complainant insured her vehicle under the O.P. bearing policy No.313501/31/2009/7188,valid from 20.11.2011 to19.11.2012 and during that insured period the above noted vehicle met with an accident on 02.11.2009. But record shows that she did not produce any document relating to that number of the above noted insurance policy. As such this Forum is in a dark situation whether this vehicle was insured or not at the time of accident of the said vehicle. So, it could not be possible to say in this case that the complainant being a consumer of the O.P. as per the C. P. Act, 1986 files this case and as such question does not arise whether there is/ was negligence and deficiency in service on the part of the opposite party to disburse the policy benefit to the complainant. In the above circumstances this case is liable to be dismissed.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case No. CC - 52/2014 be and the same is dismissed on contest against the O.P. without cost.

Let copies of this order be supplied to the parties free of cost