In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.145/2008
1) Bee Pee Jay Finance Ltd.
Annapurna Apartment, Suit No.7F,
68, Ballygunge Circular Road, Kolkagta-19 ---------- Complainant
---Versus---
1) United India Insurance Co. Ltd.
Division al Office-VIII, 2, Gariahat Road (South),
Dakshinapan Shopping Complex,
P.S. Lake, Kolkata-68 ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 36 Dated 17/09/2012.
The petition of complaint has been filed by the complainant Bee Pee Jay Finance Ltd. against the o.ps. United India Insurance Co. Ltd. The case of the complainant in short is that complainant purchased an Ambassador (Taxi) manufactured by Hindustan Motor Ltd., make 2001 and upon registration on 27.8.01 the vehicle was numbered as WB-04-B-7111 and the said vehicle was hired by one Shankar Kumar Jha as lessee in terms of an agreement executed on 14.8.01 between said lessor and lessee.
Further case of the complainant is that as per said agreement an insurance policy was obtained from o.p. insurance company in the joint name of lessor and lessee for the period 20.8.02 to 19.8.03 for IDV Rs.2,50,000/- under cover note receipt no.1200205368 dt.21.8.02 upon payment of Rs.6696/- as premium in the name of lessee and recording as Hypothecation agreement –State Bank of India as also Hire Purchase agreement as ‘Bee Pee Joy Finance Ltd., i.e. complainant herein. Suffice it to mention that no Policy Certificate was issued by the o.p. insurance company. On 25.11.02 at around 23-20 hours the vehicle was stolen away by some miscreants and incident was immediately reported to the nearby police station under jurisdiction i.e. West Port Police Station who initially recorded a GD being no.2343 dt.26.11.03 at 00-35 hours.
Subsequent thereto the said West Port Police Station initiated a case being no.148 under criminal procedure code and upon investigation, ultimately on 3.4.03 filed Final Report before the Ld. SDJM, Alipore recoding the incident as true and reported that despite attempt the stolen case could not be recovered. Meanwhile complainant intimated the incident to o.p. insurance company and thereafter on 9.12.02 preferred a claim with the o.p. insurance to indemnify the loss due to theft the vehicle in question and prior to above on 16.7.03 complainant submitted certain documents and on 28.7.04 deposited the original key of the vehicle as demanded by the o.p. insurance company.
O.p. insurance company at the first instance vide their letter dt. 26.5.04 i.e. after a lapse of 16 months from the date of filing the claim ultimately informed about “Repudiation of the clause on the plea ‘Breach of condition no.5 of the Policy’ i.e. failed to take reasonable care of the vehicle”. Complainant requested vide letter dt.18.4.07 to o.p. insurance company and subsequent follow up did not evoke any result. Hence the case.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it. Ld. lawyer of o.p. submitted in the course of argument that the repudiation of the claim of the complainant is justified and complainant does not deserve any consideration in view of the petition of complaint filed by him and the instant case is liable to dismissal.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular and we find that repudiation after lapse of prolong period amounts to deficiency in service while in particular final report speaks of theft of car in question as we find from the materials on record. In this regard we rely upon the decision of Hon’ble National Commission published in IV (2011) CPJ 243 (NC). In view of the findings mentioned above we are of the view that o.p. had gross negligence on its part towards its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. with cost. O.p. is directed to pay the insured sum (IDV) for the taxi of the complainant amounting Rs.2,50,000/- (Rupees two lakh fifty thousand) only together with interest @ 9% p.a. from the date of repudiation till the date of realization and is further directed to pay to the complainant compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
