DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No. 05 / 2007. Date of filing of the Case:05.01.2007 Complainant | Opposite Parties | Jainal Abedin (35) S/O. Aplabuddin Mian Of Vill. & P.O. Sripur, under P.S. Ratua, Dist. Malda. | 1. | The Regional Manager The Oriental Insurance Co. Ltd. Regd. Office at – Oriental House, P.B. No.7037, A-25/27, Asaf Ali road, New Delhi – 110002. To be represented by Respondent No.2. | 2. | The Branch Manager Oriental Insurance Co. Ltd., Malda Branch, Malda Office at - Atul Ch. Market, P.S. Englishbazar, P.O. & Dist. Malda, for himself and for respondent No.1. | 3. | The Branch Manager Bangiya Gramin Vikash Bank, Samsi Branch, Malda P.O. Samsi, P.S. Ratua, Dist. Malda. |
Present: | 1. | Shri S.K. Chakraborty, President. | 2. | Smt. Sumana Das, Member. | 3. | Shri A.K. Sinha, Member. |
For the petitioner: Bipul Dutta, Advocate For the O.Ps. For O.P. Nos. 1 & 2 Bipradas Acharaya, Advocate. For O.P. No. 3 Archan Kr. Pramanik & Suhasis Chakraborty Advocates. Order No. 09 dated 11.04.2007 Specific allegation against the O.P.s is that to run his business of electric goods at Sripur P.S. Ratua, Dist. Malda the petitioner was granted cash credit Bank loan of Rs.50,000/- which ultimately raised to Rs.3,00,000/- and was informed by O.P. No.3 that his business has been insured for Rs.3,75,000/- with Insurance Company (O.P. No. 2). Further case of the petitioner is that in the night of 13.08.2005 at about 3:30 A.M. his shop was burnt to ashes including all relevant papers and documents relating to his business for which one G.D.E. No.387 dated 13.08.2005 was lodged at Samsi P.S. Camp with written intimation to the Fire Brigade on 18.08.2005. On the self-same date of accident the matter was enquired into by O.P. No.2. Some relevant documents were also placed before the surveyor and on 10.10.2006 he was informed about sanction of Rs.1,44,400/- which, according to the petitioner, is too low than the loss suffered by the petitioner giving rise to the present complaint for the reliefs as have been mentioned in the petition of complaint. O.P. NO.s 1 & 2 contest the case by filing a joint written version denying material allegations including giving of information to O/C, Fire Brigade and denies filing of relevant documents relating to his business transactions and has submitted that there was difficulty in assessment of loss in absence of any Fire Brigade report for which the loss has been assessed to Rs.2,14,815/- and by showing a table both the O.P. Nos. 1 & 2 submitted the net amount payable is Rs.1,44,400/- and as such the petition should be dismissed with cost. O.P. No.3 has submitted written statement stating therein that O.P. No.2 without proper enquiry, investigation and incomplete survey report has assessed the loss and has challenged the survey report that the same is without any legal and valid basis and imaginary and has supported the petitioner about his entitlement to get Rs.4,00,000/-. On pleadings of both parties the following points have emerged for effective disposal of the case. 1. Whether the petitioner be termed as ‘Consumer’ in view of Sec.2(1)(d) of the C.P. Act.? 2. Whether the service of O.P. Nos. 1 & 2 suffers from deficiency? 3. Whether the petitioner is entitled to get the reliefs as prayed for? :DECISION WITH REASONS: Point No.1: In C.P. Act the term ‘Consumer’ has been defined in Sec.2(1)(d) as a person who hires service for consideration. ‘Service’ has been defined in Sec.2(1)(O) of the Act which is extended to potential users. In the instant case the petitioner has paid premium to enter into contract with O.Ps. (Oriental Insurance Company) and includes the facilities in connection with Insurance as has been defined therein. Having regard to the facts and circumstances of the case there can be no denial of the fact the complainant has hired the services of O.P. No.2 in connection with Insurance for a consideration. Thus, the complainant has become ‘Consumer’ within the meaning of the Act which disposes of the present point in affirmative. Point No.2. Specific complaint in this case is that the service of O.P. Nos. 1 & 2 suffers from deficiency. Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of service undertaken to be performed amounts to deficiency. Let us now see as to whether the service of O.P. Nos. 1 & 2 (to be addressed as O.Ps.) suffers from deficiency. In order to substantiate his case the petitioner has deposed as P.W. – 1 and has filed the xerox copy of Insurance Policy (Ext.1), copy of the GDE(Ext.2) and the photocopy of the statement of stock of Rs.3,27,135/- (Ext.3) and has further stated about the actual loss sustained by him is Rs.4,00,000/- against which his claim has been settled about Rs.1,44,458/- as it appears in Ext.8. In course of cross-examination by the O.Ps. this petitioner (P.W. – 1) has not shakened to state about the stock though he has admitted that he failed to submit relevant documents before the surveyor. We have gone through the entire record but it seems curious to note as to why the O.Ps. have failed to produce any witness before the Forum. Mr. Surajit Das, surveyor could have been brought by the O.Ps. to visit the witness box who could be the best witness to state what has provoked him to deduct money in some ‘factors’ noted in his survey report no.18/SD/01/05 – 06(Ext.B). Accordingly, after making a thorough scrutiny of the aforesaid exhibit this Forum considers that after consideration of ‘salvage’ the petitioner is entitled to Rs.2,12,855/- and the deductions shown therein seems to be without any reasonable basis. Accordingly, in our considered opinion the service of both the O.P. Nos.1 & 2 suffers from deficiency. Point No.3: In the result, the case succeeds in part. Proper fees have been paid. Hence, Ordered that Malda D.F. Case No.5/2007 is allowed on contest against O.P. Nos. 1 & 2 and stands dismissed on contest against O.P. No.3. The petitioner do get award for Rs.2,12,855/-. Accordingly, the O.P. Nos. 1 & 2 do pay the awarded amount of Rs.2,12, 855/- along with interest @ 9% per annum from 10.10.2006 till its final realization. The O.P. Nos. 1 & 2 do pay the aforesaid quantum of money within 30 days from date failing which the petitioner be at liberty to take recourse to law. Sd/- Sd/- Sd/- Sumana Das A.K. Sinha S.K. Chakraborty Member Member President D.C.D.R.F., Malda D.C.D.R.F., Malda D.C.D.R.F., Malda. | 
