Ld. Advocate(s)
For Complainant: Safikul Alam
For OP/OPs : Raj Kumar Mondal
Date of filing of the case :07.03.2018
Date of Disposal of the case : 14.08.2023
Final Order / Judgment dtd. 14.08.2023
Complainant above name filed the present complaint u/s 12 Consumer Protection Act 1986 praying for direction upon the OP to pay amount of Rs. 75,955/-, compensation amounting to Rs. 20,000/- and cost of the case amounting to Rs. 20,000/- and other reliefs.
He alleged in the petition of complaint that complainant is usually engaged in transport business inter-alia includes buses in long route for hire purpose. His bus vide no. WB-51-7322 was going from Jowai in the state of Maghalaya and was proceeding towards Guwahati on 27.10.2017 . Said bus met with an accident and hit with a truck vide registration no. RJ 23 GB 2397 at 9:00PM. As a result the bus suffers huge damages. Thereafter, said bus brought to East Khasi Hills Police Station and after completion of all legal formality his bus was released from East Khasi Hills Police Station.
Complainant has an Insurance Policy with United India Insurance Company Limited. Inspector of the respondent company visited at Tarama Body Builders , Radhanagar, near TV Tower Krishnagar on 22.11.2017 where the aforesaid bus was garaged. After preliminary inquiry allowed the bus body parts to be separated / opened/ segregated for the purposes of repairing. Said surveyor once again visited the said bus on 27.11.2017 and after getting necessary approval at the conclusion of inspection by the Surveyor, OP directed the complainant to proceed with repairing work. Repairing work was monitored and was conducted under auspice of OP. Complainant submitted all the bills and vouchers regarding repairing work. Total bill of the repairing was Rs. 90,840/- of which labour bill Rs. 60,000/- and parts bill was 30,840/- but OP allowed only Rs. 14,885/-.
Hence, the complainant filed this case.
OP contests the case by filing a W/V and he denied the entire allegations. He further contended they received claim intimation on 14.11.2017. Surveyor and loss assessor submitted its report and considering of Surveyor report they allowed the claim of Rs. 14,885/- and they paid the same to the complainant t through his bank . He prays for dismissal of the case.
TRIAL
During trial complainant filed affidavit-in-chief. Complainant filed questionnaire. OP gave answer.
DOCUMENTS
Complainant produced following documents:
- Copy of recommendation sheet dtd. 08.08.2004. ( one sheet .....Xerox).
- Copy of assessment sheet. ( one sheet .....Xerox).
- Copy of note of garage . ( one sheet .....Xerox).
- Copy of acceptance note. ( one sheet .....Xerox).
5 Copy of notice of Mawryngkneng Police Station East Khasi Hills Dist: Meghalaya dtd. 07.11.2017. ( one sheet .....Xerox.... annexure : A).
6.Copy of letter issued by Adhir Kumar Ghose addressed to The Branch Manager United India Insurance Co. Ltd. dtd. 03.01.2018. ( one sheet .....Xerox.... annexure : B).
7.Copy of cash Memo of BIswas Hardare dtd. 16.12.2017 . ( one sheet .....Xerox.... B:1).
8. Copy of cash memo of Pappu Auto Electric Works. ( one sheet .....Xerox.... B:2).
9. Copy of bill of Debu Brothers dtd. 04.12.2017. ( one sheet .....Xerox.... B:3).
10. Copy of estimate of bill of TATAMA BODY BUILDERS dtd. 30.12.2017 . ( one sheet .....Xerox.... B:4).
11. Copy of bill of TATAMA BODY BUILDERS . ( one sheet .....Xerox.... B:5).
12. Copy of letter of United India Insurance Company Limited dtd. 19.01.2018 ( one sheet.... xerox ... C:1).
13. Copy of settlement intimation voucher ( one sheet.... Xerox ... C:2).
14. Copy of letter of United India Insurance Company Limited dtd. 06.02.2018 dtd. 06.02.2018. ( one sheet.... Xerox ... C:3).
15. Copy of letter issued by Sapan Kapoor addressed to Mr. Adhir Ghosh d td. 24.01.2018. ( one sheet.... Xerox ... C:4).
16. Copy of grievance view of United India Insurance Co. Ltd. ( 2 sheet.... Xerox ... ).
17. Copy of certificate of registration. Dtd. 24.06.2009. ( one sheet .... xerox )
OP produced following documents:
- Copy of Private & Confidential Motor ( Final ) Survey Report of Mr. Sapan Kapoor dtd. 18.12.2017. ( three sheet ... xerox)
- Copy of MOTOR CLAIM NOTE OF United Indai Insurance Company Ltd.( two sheet .... xerox)
BNA
Complainant filed BNA. OP filed BNA.
DECISION WITH REASONS
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the complainant, W/V filed by the OP, affidavit-in-chief filed by the complainant , BNA filed by the complainant and BNA filed by the OP.
On perusal of affidavit-in-chief filed by complainant we find that he corroborated his allegation which he made in the petition of complaint.
It is admitted position that complaint’s aforesaid vehicle was insured under the OP no. 1-3.
It is also admitted position that during validity period of the aforesaid Insurance Policy , aforesaid vehicle met with an accident at Maghalaya. Thereafter, the case was started and after release of the vehicle complainant brought the same and kept in the garage. It is also admitted position that complaint informed that entire matter to the OP no. 1. about the accident of aforesaid vehicle and OP no.1 approved the cost of repairing as Rs. 14,885/-. It is the allegation of the complainant that he spent Rs. 90,840/- but OP no. did not approved the same.
Perused the documents filed by the complainant we find that the complainant produced the vouchers in respect of purchased of parts amounting of Rs. 8,140/- from Biswas Hadrware . He also produced vouchers in respect of total wearing and starting switch amounting to Rs. 10,300/-. Complainant also produced payment receipt in respect of payment of Rs.90,840/-. Perused report of the Surveyor produced by OP we find that Surveyor Sapan Kapoor submitted the details report before the OP. He approved the Rs, 15,775/- as approximately net loss. Ld Adv. for the complainant argued at the time of hearing that actually he is entitled to RS. 90,840/- but OP did not allowed the same.
On perusal of surveyor report we find that surveyor did not approved the repairing cost in respect of repairing of the aforesaid vehicle. Survivor also did not approved all the vouchers submitted by the OP. Surveyor categorically mentioned about the entitlement of the complainant but we find that OP did not considered wearing cost starting switch and cost of the ply board amounting to Rs. 10,300/- and Rs. 12,400/-. He did not assigned are reasons as to why complainant will not get reimbursement of aforesaid charges.
Considering all the facts and circumstance of the case we think that complainant should be provided with Rs. 10,300/- as total wearing and switching and cost of ply board amounting to Rs. 12,400/-.
On perusal of the record it is clear before us that complainant is a consumer and OP no.1-3 are the service provider.
Having considered the entire matter we think that complainant should be further allowed to Rs. 10,300/- and Rs. 12,400/-.
Accordingly, we find that complainant has able to established his grievance and he is entitled to relief as per prayer .
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP no.1 and allowed ex-parte against OP no. 2 and 3 with cost of Rs. 5,000/- to be paid by OP no.1 in favour of the complainant.
OP no.1 -3 jointly or severally are directed to pay Rs.22,700/- ( twenty two thousand seven hundred) in favour of the complainant for within the 45 days from this date failing which aforesaid amount shall carry interest @9% per annum from this date to till the date of actual payment and complainant shall have liberty put this order into execution.
OP no. 1 and 2 jointly or severally are further directed to pay Rs. 10,000/- in favour of the complainant for his harassment , mental pain and agony within 45 days from this date failing which aforesaid amount shall carry interest @9% per annum from this date to till the date of actual payment and complainant shall have liberty put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
