Complainants by filing this complaint has submitted that complainant purchased one policy bearing no.030300/31/08/01/00002254 covering risk of loss of the complainant’s vehicle No. WB-03B-8884 for the period 20.07.2008 to 19.07.2009 and op undertakes to indemnify the loss, if any caused to the said vehicle between the risk period of policy.

          Suddenly on 14.03.2009 at about 2:00 AM during risk period of policy, the said vehicle met with an accident and that was reported to local police station on the same date which was recorded by the concerned P.S. Jhandapur under its G.D.E. No. 219 dated 15.03.2009.  Thereafter op submitted Motor Claim Form which was duly filled up required information of the op with all necessary documents along with letter dated 16.09.2010 which was received by the op on 17.09.2010.

          Thereafter op requested the complainant to get the insured vehicle repaired and to submit bills to the op and op also deputed one surveyor Sri Sushanta Kumar Mazumder who confirmed loss caused due to the accident of the said vehicle and the surveyor submitted report vide report No.SKM/UII/MOT/01/2009-10 dated 03.06.2009 and on the basis of that op ought to have settled the claim within three months from the date of accident but the op intentionally and purposely ignored to settle the claim of the complainant inspite of receipt of documents and lastly repudiated the claim of the complainant vide its letter dated nil posted on 25.101.2011 which was received by the complainant as on 28.10.2011.

          Fact remains that op took more than two and half years to give reply to the complainant’s claim which tantamount to gross deficiency in service and unfair trade practice being adopted by the op and in the above circumstances, complainant prayed for compensation to the extent of Rs.4,62,457/-.  

          By filing written version the op submitted that the repair job of the subject vehicle was allegedly been conducted at Dispur, Guwahati, Assam as per submnitted bills and vouchers,and thereafter op engaged a paneled and licenced investigator Sri N.K. Verma of Guwahati through their Guwahati Regional Office for verification of the bills and cash vouchers submitted by the complainant and who in turn had submitted his report of verification of said cash memo and voucher on 16.03.2011 which candidly reveals that the memo and voucher of M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam under Sl. No.7210 dated 22.05.2009 and R.T. Receipt Voucher No.2134 dated 22.05.2000 respectively showing alleged receipt of payment of Rs.3,17,805/- by the M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam have not been issued by said M/s French Motor Car Co. Ltd. of G.S. Road, Dispur Guwahati, Assam as affirmed by the Manager accounts of the said concern by putting remark to the said effect on both the bills and R.T. said bill and voucher on 15.03.2011and so the said investigator inferred that the said bill and voucher are false and fake.

          Subsequent thereto this op referred the entire claim before their Regional Office at Kolkata by the end of May 2011 for the recommendation of the competent authority for the amount of claim was beyond the financial sanction of the Divisional Manager of the op.  Thereafter, on recommendation of the said competent authority of the Kolkata Regional Office, this op repudiated the claim by its letter of repudiation posted on 25.10.2011 and as there insurance policy is a contract based on the principle of utmost good faith’ and as because there has been a breach of the principle of utmost good faith for which vouchers are fake and claim cannot be settled and it was repudiated.

          When a bill and vouchers in respect of payment of Rs.3,17,805/- was found fake and false, the malafide intention of the complainant is apparent and when the documents in support of lion share of the claim is false and fabricated, then complainant has violated the terms and conditions of the policy and for which no claim could be realized by the competent authority and was repudiated and there was no fault on the part of the op and on the basis of which the complaint should be dismissed.

                                                  Decision with reasons

          In the present case after hearing the argument of the Ld. Lawyers of both the parties and also the version of the complaint and written version including the materials has submitted by the parties it is undisputed fact that complainant’s  vehicle No. WB-03B-8884 was insured under the present Insurance Company for the period from 20.07.2008 to 19.07.2009 and fact remains that complainant’s vehicle faced an accident on 14.03.2009 within the jurisdiction of the state of Assam and the matter was no doubt reported to the op by the complainant.

          Thereafter Insurance Company deputed one surveyor-cum-loss assessor who submitted his report on 03.06.2009 and loss assessor assessed the liability to the extent of Rs.3,46,107.90/-.  Thereafter complainant submitted original documents along with Xerox copies for their verification and returned on 16.09.2010 along with claim form duly filled in.  Thereafter, op verified those bills submitted by the complainant.  But during investigation by the op it was detected that the vouchers and receipt issued by M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam was not issued by that company and that was reported to the complainant.  But complainant failed to produce any further documents to substantiate that the memo vouchers of M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam having Sl. No.7210 dated 22.05.2009 and R.T. Receipt Voucher No.2134 dated 22.05.2000 had not been issued by the said company which was found by the surveyor Sri N.K. Verma of the op after several verifications of the M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam and fact remains in the copy of the bills Manager Account of M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam in writing reported the memo vouchers are not issued by M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam and those documents have no record with the said company and Manager Accounts also submitted that they never received such an amount of Rs.3,17,805/- when that the is fact then how the op shall have to consider the claim of the complainant and when this matter was reported to the complainant along with copy of the said instrument of Manager Accounts of M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam.  Complainant did not take any further step and in this regard complainant’s Ld. Lawyer was asked by this Forum then how the complainant has been able to prove before this Forum that he actually paid the said amount to the M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam.  But the Ld. Lawyer for the complainant failed to give any satisfactory answer and another factor is that complainant has not denied by any means that the instrument made by the Manager Account of M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam is not correct and complainant shall have to produce the said Manager Accounts to prove that said company repaired the same and received the amount.

          Anyhow complainant has failed to prove the said truth, then invariably op rightly repudiated the claim on the ground the original documents in support of his payment of Rs.3,17,805.90/- for repairing the truck is not denying and is bogus.  Truth is that op has proved that fact with the instrument of the said company Manager Accounts.  Then we are guided by the terms and conditions of the policy and as per terms and conditions of the policy the complainant must have to produce all genuine documents in support of his claim and if he produced any fake documents and if it is needed for investigation in that case it shall be treated as violation of the contract and in this case it is proved that complainant acted illegally to procure, produce fake documents, then invariably on the basis of the fake documents no claim can be settled and truth is that as per contract of Insurance op rightly repudiated the claim for submitting false and fake vouchers in support of his payment of huge money against repairing.

          In view of the above findings, we are convinced to hold that complainant practically did not submit valid and genuine documents in support of payment of Rs.3,17,805/- or for repairing to M/s French Motor Car Co. Ltd. of Dispur Guwahati, Assam and so complainant’s claim was rightly repudiated and in fact such a complaint is not entitled to get any relief from the Forum also when he is bound by the Insurance Company’s contract and he has no doubt adopted unfair trade practice for getting claim by submitting fake documents.

          In the above circumstances, the complaint fails.

          Hence, it is

                                                            ORDERED

          That the complaint be and the same is dismissed on contest but without any cost against the contesting parties and against all the ops.