In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.366/2011
1) Maynuddin Sekh,
Taraganj, Purbapara, Bhadura,
Diamond Harbour, P.S. Bishra,
P.S. Ramnagar, Dist. South 24-Parganas. ---------- Complainant
---Versus---
1) The Reliance General Insurance Co. Ltd.
38-B, Himalaya House, 8th Floor,
Chowringhee road, Kolkata-71, P.S. Maidan.
2) The Customer Service Manager,
Reliance General Insurance Co. Ltd.
38-B, Himalaya House, 8th Floor,
Chowringhee road, Kolkata-71, P.S. Maidan. ------------ Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Order No. 14 Dated 30/01/2013.
In a nutshell, the case of the complainant is that complainant had purchased a complete Tata LPT 1109 Truck under hire purchase agreement from Magma Fincorp Ltd. bearing registration no.WB-41E-9410. The said truck was duly insured under o.p. no.1 with insurance no.1501912334101697, proposal / covemote no.110001009650, with period of insurance being 1.3.11 to 16.3.12. The said truck was insured to the tune of Rs.9,61,922/- being the insured declared value.
During the subsistence of the said insurance policy under o.p. no.1 the complainant’s said truck bearing regn. WB-41E-9410, met with an unfortunate accident near Baba Sahib Majar, Hijh Sarif, P.S. Khejuri, Dist. Purba Medinipore and as a result of which, the said truck was completely burnt down by the local persons. The said incident was duly informed to the Khejuri P.S. and FIR was lodged being FIR 63/11 dt.1.4.11. The local police seized the said vehicle, but later released it.
Complainant’s truck was insured with the o.p. no.1, the complainant hoped that the said insurance company would make good his loss suffered due to damage of the said truck to the tune of Rs.9,61,922/- being the insured declared value. So the said incident of accident was duly informed to o.ps. by letter dt.18.4.11 and 18.8.11, but till date no action has been taken to disburse the insurance claims of the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted position that the vehicle of the complainant was insured under o.ps. It is the averment of complainant that as is evident from para 2 of the petition of complaint that complainant purchased a Tata LFT 1109 truck under hire purchase agreement from Magma Fincorp Ltd. bearing regn. no.WB-41E-9410 and the said truck was insured under o.p. no.1 and the said truck met with an accident and the was completely burnt and FIR was lodged at Khejuri P.S. vide FIR no. 63/11 dt.1.4.11 and local police seized the vehicle and subsequently released it in favour of the complainant.
The case of the complainant as we find from the record that the incident took place on 1.4.11 and FIR was lodged on 1.4.11, but no final report is on record and complainant informed Magma Fincorp Ltd. on 18.8.11 at a very belated stage and the said Magma Fincorp Ltd. had not been impleaded as a party in this case. From the record we do not find any fire brigade or surveyor’s report. On perusal of the entire materials on record we find that there is no document on record to show that the complainant every intimated about the incident to o.ps. and there is nothing on record that complainant ever lodged any claim to o.ps. nor there is any paper to that effect that how much amount complainant had to incur for repairing of the burnt vehicle.
In the context of the facts and circumstances disclosed on record we find that Magma Fincorp Ltd. the financer has not been impleaded in this case as o.p. which is higher fatal and detrimental for the case of the complainant. while arriving at a decision whether rely upon the decision of the Hon’ble National Commission in RP no.3900 of 2011 dt.23.3.12 and R.P. no.709/12 and R.P no.2951/12 and RP no.1362/11.
In view of the findings above and on perusal of the entire materials on record we find that Magma Fincorp Ltd. has not been impleaded as a party being financer and o.ps. were not informed about the incident in question at all as we find from the materials on record nor even any claim was ever prefer to o.ps. That being the position we are constraint to hold that complainant has miserably failed to substantiate his case and is not entitled to relief as prayed for.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
