Date of filing:- 24/01/2020.
Date of Order:-06/05/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 12 of 2020.
Ratan Sahu, S/o Gukula Sahu, aged about 53(fifty three) years, R/o. village, Tangarpada, Po. Jamurda, Ps. Bargarh Town, Dist.Bargarh(Odisha).
..... ..... ..... Complainant.
-: V e r s u s :-
- The Regional Manager-in-Charge, Reliance General Insurance Co. Ltd., At. Himalaya House, 5th Floor, 38B, J.L. Neheru Road, Kolkata-700071, (West Bengal).
- “SREI EQUIPMENT FINANCE LTD., Viswakarma 86C, Topsia Road (South), Kolkata-700046”.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri D.Acharya, Advocate with associates.
For the Opposite Party No.1(one) :- Sri A.K.Dash, Advocate.
For the Opposite Party No.2(two):- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.06/05/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is a registered owner of one JCB 3DX bearing Registration No. OD-17-N-8266, the aforesaid vehicle is hypothecated under Opposite Party No.2(two) and the said vehicle was insured with the Opposite Party No.1(one) vide Policy Certificate No. 151761822150216153 valid from Dt.27-07-2018 to Dt. 26-07-2019. On 29th April 2019 at about 4.20AM the vehicle was caught with fire and completely burnt at village Kusanpuri under Barpali Police Station. The matter was reported immediately to the Barpali Fire Station where Fire Incident Report No. 12/2019, Dt.20-04-2019 was registered. The fire personals extinguished the fire but the vehicle was completely damaged for which the Complaint was registered as claim No. 221519000017/1. The Opposite Party No.1(one) deputed a surveyor and the surveyor assessed the loss. On Dt.27-04-2019 the Complainant was requested to submit certain documents accordingly the Complainant had submitted all the documents. The Opposite Party No.1(one) despite of receipt of notice Dt. 25-11-2019 did not settle the claim. Being harassed by the deficiency in service caused by the Opposite parties this complaint is filed by the Complainant before this Commission.
2) The case of the Opposite Party is that the Opposite Party No.1(one) has filed its version and admitted that the Backhoe Loader JCB3DX bearing Engine No. H00188123 and Chassis No. HAR3DXSSK02603892 was insured with Opposite Party vide Policy No. 151761822150216153 having validity from 28-07-2019 to 27-07-2019. The Complainant for the alleged loss loaded claim vide Claim No. 221519000017/1, Surveryor was appointed and accordingly the Opposite Party has release the payment of Rs. 12,96,638/-(Rupees twelve lakh ninety six thousand six hundred thirty eight)only an total loss basis vide cheque No. 619082 Dt. 30-03-2020, the Opposite Party has done its duty, there is no deficiency in service on the part of the Opposite Party, the case to be dismissed against the Opposite Party.
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) was added by the Complainant and accordingly “SREI EQUIPMENT FINANCE LTD., Viswakarma 86C, Topsia Road (South), Kolkata-700046” Opposite Party No.2(two) was added vide order dated 23-09-2022. Notice was duly served to the Opposite Party No.2(two), but did not appear before this Commission. Hence the Opposite Party was set ex-parte.
4) Perused the documents filed by the parties and following issues are framed.
Issues
- Whether the Opposite Party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) It is an admitted fact that the Complainant Vehicle JCB 3DX baring Registration No. OD-17-N-8266 was insured with the Opposite Party No.1(one) vide Policy Certificate No. 151761822150216153 and the aforesaid vehicle caught fire and the vehicle was completely damaged and Opposite Party No.1(one) has appointed surveyor who assessed on total loss basis.
The Opposite Party No.1(one) has further submitted that Rs. 12,96,638/-(Rupees twelve lakh ninety six thousand six hundred thirty eight)only has been paid to the Complainant account vide cheque No. 619082 Dt. 30-03-2020 but the Opposite Party has not filed any documents, when the Complainant was paid the compensation in support of their version which is very relevant. Mere submitting in version is not acceptable.
As per Rules 38(6) of Consumer Protection Act, 2019.
“Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.”
As the Opposite Party failed to produce any documentary evidence the Opposite Party is liable for the compensation claim of the Complainant. The Opposite Party is deficient in its service by not settling the claim for which the Complainant got harassed. For the negligence of Opposite Party No.1(one). The Opposite Party No.2(two) is not liable.
Issue No.2(two)
5) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
6) The complaint is allowed on contest against the Opposite Party No.1(one) and dismissed against the Opposite Party No.2. The Opposite Party No.1(one) is directed to settle the insurance claim of Rs. 12,96,638/-(Rupees twelve lakh ninety six thousand six hundred eight)only along with Rs. 20,000/-(Rupees twenty thousand)only for mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses within one month of this order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.06/05/2024 and the case is allowed against the Opposite Party No.1(one) and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
