Order No. 05 Dt.- 07.08.2018
FINAL ORDER/JUDGEMENT
Sri Sibasis Sarkar, Ld. President.
The present petition of complaint has been filed by the Mahabir Doctors HUB under section 12 of the Consumer Protection Act, 1986, wherein the complainant has stated that the complainant is holding an Insurance policy of the O.P. As per the policy term and conditions thereof risk coverage was from standard fire and perils and addons of the building, plant and machinery, furniture, fitting and fixtures. Unfortunately on 07.06.2017 Fan PCB and Fan Motor of the centralized Air-condition had damaged due to lightning. As per quotation of M/S. N.B. Modern Agencies, Hill cart Road, Siliguri the cost of repairing thereof was Rs.43,231/-. The matter was informed to the O.P. for payment of the said amount. The O.P. appointed surveyor, who surveyed the premises. But, ultimately the O.P. repudiated the claim of the complainant. Hence the present case against the O.P. Notice was duly served upon the O.P., but the O.P. did not turn up to contest the case. As such, the case has been heard ex-parte against the O.P/Bajaj Allianz General Insurance co. Ltd.
DECISION WITH REASONS:-
The complainant/Mahabir Doctors HUB in order to prove their case have filed affidavit in chief and have also filed document in support of their case.
From the copy of the Insurance Policy, we find that the place of business of the complainant is covered under the Insurance Policy issued by the O.P./Bajaj Allianz General Insurance Co. Ltd for standard fire and special perils and addons as mentioned in annexure 1 of the said policy. From the letter dated 24.11.2017 issued by the Insurance company, we find that the surveyor engaged by the O.P. confirmed the damage of the A.C. machine. According to the Insurance Company the said damage was not due to lightning. Unfortunately the O.P. did not turned up to prove that the damage was not due to lightning. Thus, in the absence of any contrary evidence from the O.P., we must believe the case of the complainant that the parts of the A.C. Machine were damaged due to lightning. From the term and conditions of the Insurance Policy, we find that damages due to lightning do not come within exclusion clause. So, the complainant is entitled to get the claim amount for the damages of the A.C. parts. From the quotation submitted by N.B. Modern Agencies, Hill cart Road, Siliguri, we find that they submitted quotation of Rs.43,231/- towards cost of repairing charges of the A.C Machine in question.
Thus, considering the facts and circumstances of the case and in the light of our observations, we find that the complainant is entitled to get Rs.43,231/- from O.P. towards repairmen cost of the damaged A.C. Machine which is covered under the Insurance Policy issued by the O.P. The complainant is also entitled to get Rs.5000/- towards litigation cost. The complainant is also entitled to get Rs.20,000/- towards compensation for pecuniary and non-pecuniary loss and mental agony etc, which will meet the ends of justice.
As a result, the case succeeds ex-parte.
Hence, it is
O R D E R E D :-
That the C.C/29/2018 be and the same is allowed ex-parte against the O.P. with a litigation cost of Rs.5,000/-. The O.P. is directed to pay Rs.43,231/- + Rs.20,000/- + Rs.5,000/- i.e. Rs.68,231/- in total by A/C payee cheque in the name of the complainant Mahabir Doctors HUB within one month from this day failing which the amount will carry interest @ 9% per annum from the date of filing of this case i.e. on and from 21.06.2018.
The complainant will have the right to recover the amount from the O.P. by execution of the order, if the O.P. fails to comply.
Let the original documents, if any, filed by the complainant and the extra-sets be returned to the complainant on proper acknowledgement.
Let a plain copy of this final order be supplied to the complainant free of cost on proper acknowledgment or be sent by speed post in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.
