FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU
The case of the complainant in capsulated form is that the complainant had purchased a vehicle being Toyota Innova,which had been duly registered on 20.05.2019 with the registration No. WB – 07-J-7584. Thereafter on 27.04.2021 the complainant availed an insurance policy being No. TRG/000110245 from the OP for the said vehicle, which was valid up till 28.04.2022. The said vehicle met with an accident on 01.12.2021and the vehicle was damaged .The complainant approached the car servicing broker registered with the OP namely SAINI TOYOTA on 03.12.2021 for repairing the damage suffered by the said vehicle.The representative of said car servicing unit intimate the OP on 10.12.2021 vide an e-mailregarding the loss that had occurred to the insured vehicle. The OP replied to the said e-mail stating that the servicing broker can start the vehicle work on non-cashless basis. The same was also intimated to the complainant by car servicing unit vide an e-mail dated 10.12.2021. The OP repudiate the claim‘due to absent of Fitness”vide an email on 14.12.2021.As the car was fairly new car and was in a fit condition and had undergone regular servicing and the insurance policy was subsisting till 28.04.2022 and the Govt. of West Bengal announced a notional extension of validity of vehicle related documents like certificate of Fitness , permit, driving License , temporary registration and Learner License till 31.12.2021, the complainant made a representation before the OP vide an e- mail dated 14.02.2021bringing to their notice the entire aforementioned circumstances and denying the stand taken by the OP in repudiating the claim of the complainant on the same day. Further the complainant issued a legal notice to the OP on 03.01.2022through its advocate to make payment as per the policy for the amount of Rs.3,87,305.22/-. However no steps were taken by the OP despite receiving the legal notice issued by the complainant.
Alleging unfair trade practice and deficiency in service on the part of the OP, the complainant has filed the present complaint seeking payment of settlement amount including interest , compensation and litigation cost .
OP did not resist the consumer complaint despite service of notice. No WV is filed by the OPwithin statutory period. Thus, the case runs ex parte hearing against the OP.
In support of his case the complainant has tendered evidence supported by an affidavit and also relied documents annexed with the complaint petition. Complainant has also filed written argument. We have heard argument on merit and have also perused the record.
The admitted fact is that the complainant availed an insurance policy from the OP bearing no. TRG/000110245 for the period of 29.04.2021 – 28.04.2022 for this vehicle being a Toyota Innova(registration no. WB-07-J-7548) and that car met with an accident on 01.12.2021 and damaged. The incident was narrated before the Officer in Charge, Manicktala P.S on the same day. Fact remains also that the complainant informed the car servicing broker registered with the OP for repairing the damage suffered by the said vehicle and the surveyor of the servicing unit intimated the OP regarding the loss that had occurred to the insured vehicle through email and the OP approved vehicle work under non- cashless basis subject to vehicle fitness valid copy. Photocopy of the estimate furnished by the complainant goes to show that an amount of Rs. 3,87,305.22/- was estimated .The OP dismissed the claim stating that “As discussed claim will not admissible due to absent of Fitness against the subject claim no. – 3121205720 vide vehicle no – WB 07-J-7584 ..” Ld. Advocate for the complainant argued that being a newly purchased car the fitness of the car was valid till May2021 and due to the COVID 19 pandemic the Government of West Bengal has issued extensions and concessions regarding the vehicle related documents and especially by a notification dated 28.07.2021 announced a notional extension of validity of vehicle related documents like certificate of Fitness , Permit , driving License , temporary Registration and Learner License till 31.12.2021 . Photocopy of the said notification is annexed by the complainant with the complaint petition. Ld. Advocate for the complainant further submitted that said car had undergone regular servicing, last of which was on 25.09.2021. Photocopy of the estimate furnished by the complainant proves the submission. Despite the complainant giving necessary clarifications repeatedly to the OP and brought to their notice the entire aforesaid circumstances and denying the stand taken by the OP in repudiating the claim of the complainant vide an email dated 14.12.2021 the OP did not bother to communicate with the complainant. Even legal notice dated03.01.2022 issued by the complainant was unattended.
It is true that that no WV has been filed by the OP though several opportunities were given to them for filing WV yet they have failed to file the same as such the allegation stated in the complaint petitioner remains unchallenged. Regarding this matter we can safely state that on failure to file WV by the OP tantamount to admission of the allegations stated in the complaint petition. Photocopy of the policy certificate reveal that the insurance policy was subsisting till 28.04.2022 and the photocopy of the estimate clearly show that last time the said car had undergone for servicing on 25.09.2021. Therefore, we are of the opinion that the OP repudiated the said insurance claim on flimsy and baseless grounds and thus under the above facts and circumstance, the gross negligence and deficiency in service and unfair trade practice on the part of the OPis proved and the complainant is entitled to get relief as prayed for.
Based on the above discussion we disposed of the consumer case in the following terms :-
- OP is directed to make payment of Rs.3,87,305.22/-to the complainant.
- OP is further directed to make payment of RS.50,000/- as compensation for harassment and mental agony caused to the complainant due to deficiency in service.
- OP is also directed to pay Rs.25,000/-as cost of litigation to the complainant.
- Above payments shall be made within 06 weeks from the date of this order failing which the amount shall carry interest @9% p.a. from the date of the order till its realization.
Consumer case is thus allowed on ex parte against the OP and disposed of as per above observation.
Copy of the judgement be supplied to the parties as per rules. Judgement be uploaded on the website of this Commission forthwith for perusal of the parties.
