DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

                C.C. CASE NO. _03_ OF ___2017_

DATE OF FILING :4.1.2017                     DATE OF PASSING JUDGEMENT:  18.07.2017

Present                      :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :    Jhunu Prasad  &  Subrata Sarker                                     

COMPLAINANT        : Sarifuddin Laskar, C/o Abul Kalam Laskar, Vill. + P.O-Patra, P.S Diamond Harbour, Dist. South 24-Parganas, Pin-743368

-VERSUS  -

O.P/O.Ps                   :    The Senior Branch Manager, The New India Assurance Co. Ltd. Diamond Harbour Road,P.O Diamond Harbour, South 24-Parganas, Pin-743331.

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                                                            J  U  D  G  E  M  E  N  T

Jhunu  Prasad, Lady  Member                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

The door of this Forum has been knocked by the complainant, for redressal of the consumer dispute as per the C. P. Act, 1986.

Complainant’s case in brief is that the complainant had purchased one car namely OMNI bus being No.W.B.19G1715 which was hypothecated by West Bengal Minority Development & Finance Corporation.

Thereafter the complainant obtained Insurance policy being No.51260531150100005531 from ‘The New India Insurance Co. Ltd.’ Diamond Harbour branch of the said vehicle No. W.B.19G 1715.

Thereafter on 17.09.2016 at about 1.00P.M. the said car met with an accident on road. The complainant immediately i.e. on 19.09 2016 informed regarding the accident to the O.P ,The New Insurance Co. Ltd., Diamond harbor branch as well as submitted the claim form.

Accordingly on that day the surveyor of the O.P ,The New India Insurance Co.Ltd. enquired the said vehicle and submitted report. Thereafter the said dismantled vehicle was examined by automobile expert surveyor of the O.P The New India Insurance Co.Ltd. and estimated of the vehicle and assured that all claim will be settle. But the O.P ,The New India Insurance Co. did no settle the claim of the complainant. Moreover the O.P, The New India Insurance Co. Ltd. closed the said claim of the complainant with remark “as no claim” vide their letter dated 20.12.2016.

The complainant stated that he possessed L.M.V. (private) driving license and also L.M.V.(G.V.) driving license, so that he can earn otherwise. The O.P Insurance Co. asked for CAB driving license by which a meter taxi can ply under limit of carriage, but the complainant’s OMNI bus had permit of contract carriage. Due to such whimsical approach by the O.P,The New India Insurance Co.Ltd. the complainant being an employed cannot repair the vehicle at his own and ply the same on road.

Thereafter the complainant several times requested the O.P to settle the claim of the said vehicle, but the O.P deliberately ignored to settle the claim of the complainant.

Having no other alternative the complainant filed this instant complaint for getting relief as prayed for.

Issued notice upon the O.P.

Despite service of notice to the O.P, the O.P, The New India Insurance Co. Ltd. did not appear to controvert and to refute the case. So the complaint case is heard exparte against the O.P New  India Insurance Co. Ltd.

POINTS FOR DECISION:-

1.Whether the complainant in entitle to get any relief as prayed for?

 DECISION WITH REASONS:-

At the time of argument the complainant filed Affidavit-in-chief, BNA and some    Xerox copies of documents to support his claim.

All points are taken up together for consideration for the sake of convenience and brevity.

We have carefully gone through the record and documents.

On overall evaluation of the argument made by the complainant and perusing the material documents on record, it is evident that the complainant possessed two driving license LMV-NT and LMV-GV and both the license are valid at the time of accident.

Fact remains that, it is not the case of the New India Insurance Co. Ltd. that due to negligent or careless driving accident occurred.

Manifestly the record reveals that, the O.P New India Insurance Co. Ltd. in a very technical manner denied the claim of the complainant with the observation that driving license is not endorsed with PSV CAB. As the petitioner possesses two valid driving licenses issued by the motor vehicle department, Govt. Of W.B, so that he can drive private vehicle as well as commercial vehicle under the light motor vehicle category and this vehicle in question is under LMV category.

So, in the above fact and circumstances, we are under the observation that the New India Insurance Co. Ltd. deliberately denied the claim of the complainant on such technical ground.

In spite of that, regarding assessment of repairing cost the complainant though claimed Rs.1,80,000/- but from perusal of the documents annexed with the complaint, we found one estimate from ‘Rajgarhia Motor’ for Rs. 70,508/-. But another for 61,891/- having no letter head and signature of any concern, therefore, we cannot rely and accept the supplementary estimate of Rs. 61,894/-.

 Moreover, there is no such whisper by the O.P New India Insurance Co. Ltd. regarding the estimate amount in their letter dated 20.12.2016. 

Therefore, in the light of the above analysis, we are inclined to hold that the complainant proved his case partly and is entitled to get relief.

So, we have no hesitation to hold that the O.P New India Insurance Co. Ltd. has committed deficiency in service under the purview of section 2(1)(g) of C.P. Act 1986 and is liable to pay of Rs.70,508/- only to the complainant.

Hence,

                It is

                                            ORDERED

That the complaint be and the same is partly allowed exparte against the O.P New India Insurance Co. Ltd. with cost of Rs.2,000/- only.

That the O.P New India Insurance Co. Ltd. is directed to pay of Rs.70,508 /-to the complainant within one month from the date of this order.

That the O.P New India Insurance Co. ltd. is also directed to pay of Rs. 2,000/- as a litigation cost to the complainant within one month from the date of this order, failing which the O.P New India Insurance Co. ltd. shall have to pay a sum of Rs. 50/- as punitive damage per day from the date of this order till its realization, which shall be deposited by the opposite party in the State Consumer Welfare Fund.

Let copy of this order be supplied to the parties free of cost when applied for.

Member                                      Member                                        President           

Dictated and corrected by me

                        Member

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 ORDERED

That the complaint be and the same is partly allowed exparte against the O.P New India Insurance Co. Ltd. with cost of Rs.2,000/- only.

That the O.P New India Insurance Co. Ltd. is directed to pay of Rs.70,508 /-to the complainant within one month from the date of this order.

That the O.P New India Insurance Co. ltd. is also directed to pay of Rs. 2,000/- as a litigation cost to the complainant within one month from the date of this order, failing which the O.P New India Insurance Co. ltd. shall have to pay a sum of Rs. 50/- as punitive damage per day from the date of this order till its realization, which shall be deposited by the opposite party in the State Consumer Welfare Fund.

Let copy of this order be supplied to the parties free of cost when applied for.

Member                                      Member                                        President