DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 330  of  2022

 

 

Sri Bijoy Sarkar,

S/O- Sri Haritosh Sarkar,

P.O. West Noabadi, P.S. Bodhjungnagar,

District- West Tripura- 799008. .........Complainant.

 

 

-VERSUS-

 

 

1. DIGIT General Insurance Limited,

Formerly Known as GO DIGIT General Insurance Ltd.,

To be represented by its General Manager,

  Having its Corporate Office Address at 

Atlantis, 95, 4th B Cross Road,

Koramangala  Industrial Layout, 5th Block,

Bengaluru- 560095, Karnataka. 

 

2. The Legal Manager,

DIGIT General  Insurance Limited,

Formerly known as GO DIGIT General Insurance Ltd.

Having its regional office for North Eastern states at Ground Floor,  Bora Service by lane,

Behind Bora Service Station Petrol Pump, G.S. Road,

Ulubari, Guwahati- 781007, Assam.

 

3. The Manager,

M/S Choudhury Motors,

Authorized TVS Dealer and Service Centre,

Shibnagar College Road,

P.S. East Agartala, Agartala,

District- West Tripura- 799001. .....Opposite Parties.

 

 

 

  

  __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the Complainant  : Sri Shubhajit Chakraborty,

  Smt. Manisha Choudhury, 

  Learned Advocates. 

 

For the O.P. No.1 & 2 : None Appeared.

 

For the O.P No. 3 : Sri Pankaj Banik,

  Learned Advocate. 

 

 

ORDER   DELIVERED  ON:  15.03.2023.

 

F I N A L    O R D E R

1. The complainant Bijay Sarkar has filed this complaint U/S 35 of the Consumer Protection Act, 2019 claiming deficiency of service on the part of the O.P. No.1, 2 and 3 and more particularly O.P. No.1 and 2 because the complainant purchased a two wheeler from the O.P. No.3 and got the two wheeler insured with the O.P. No.1 and 2. The period of insurance was from 08.05.2021 to 07.05.2022. Premium for own damage was also paid.

2. On 02.10.2021 the two wheeler met with an accident at Nandan Nagar, Agartala for which G.D. Entry No- 15 dated 01.11.2021 with G.B. T.O.P was made.

3. The complainant being injured was admitted in hospital and after recovery he lodged claim with the O.P.

4. The O.P. No.3 submitted estimate of Rs.53,124/- for repairing the vehicle.

5. Being unanswered the complainant has lodged this complaint. The complainant has claimed an actual amount for repairing the vehicle along with compensation for harassment etc.  

6. Summons were duly served upon the O.Ps but the O.P. No.1 and 2 has failed to appear and contest the case as such vide order dated 07.09.2022 the case has been proceeding exparte against them. 

7. The O.P. No.3 submitted written objection wherein in Para- 9 of the written objection he proved the complaint of the complainant by admitting the pleading of the complainant.

8. The complainant has submitted evidence and documents.

9. Heard argument.

10. The following points emerged for discussion and decision:-

(i) Whether the two wheeler of the complainant was insured with the O.P. No.1 and 2 and it was damaged in a Road Traffic Accident on 02.10.2021?

(ii) Whether the complainant is entitled to  the amount as claimed by him along with compensation?

 

DECISION AND REASONS FOR ECISION:-

11. The complainant by pleading & evidence and documents, particularly the copy of G.D. Entry, Policy of Insurance and estimate submitted the factum of accident and the estimate being Rs.53,124/- as submitted by the O.P. No.3. The O.P. No. 1 and 2 by their non appearance has in fact admitted the claim of the complainant.

12. This Commission is constrained to observe that the private Insurance Companies in the state of Tripura although do business aggressively but they do not maintain proper office here in the state of Tripura for which it is the experience not only this Commission but the people at large that the people of the state do not get proper service from them. Therefore, it is required to got to the notice of IRDAI, Delhi. 

13. This Commission finds no difficulty in arriving to the conclusion that there is huge deficiency in service on the part of the O.P. No.1 and 2. 

Both the points are decided accordingly. 

14. In the result, it is ordered that the O.P. No.1 and 2 being jointly and severally responsible shall pay the amount of Rs.53,124/-(Rupees Fifty Three Thousand  One Hundred and Twenty Four), the repairing charge of the two wheeler along with compensation of Rs.20,000/-(Rupees Twenty Thousand) for unnecessary harassment. Both the amount have to be paid within 30(thirty) days from today else, it shall carry interest @ 7.5% P.A. from today till the date of actual payment. 

  The case stands disposed off. 

15. Supply a copy of this Final Order free of cost to all the parties. Also communicate a copy of this Final Order to the Head Office of IRDAI, Sy No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad-500032. 

 

Announced.

 

 

 

SRI GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.