DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 16  of  2022

 

 

Sri Rathindra Tripura,

S/O- Sri Garindra Tripura,

Vill + P.O.- Sonaichari, 

P.S. Sabroom, 

District- South Tripura.

Pin- 799145.  

 

Presently residing at:

C/o- Sri Joylal Das, 

Vill. + P.O. Chechuria,

P.S. Lefunga,

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

 

-VERSUS-

 

1. The Branch Manager of Reliance General 

Insurance, Agartala Branch, 

Ker Chowmuhani, 

P.S. West Agartala,

District-  West Tripura- 799001.

 

2. The Grievance Redresssal Officer,

6th Floor, Oberoi Commerz,

    International Business Park,

    Oberoi Garden City, 

    Off. Western Express Highway,

    Goregaon(E),  Mumbai- 400063.

 

3. The Manager,

Bajaj Finance Ltd.,

(Auto Finance Division),

Jammunanagar, Pune,

Mumbai- 411035. ............Opposite Parties.

 

  

  __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  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 Amal Bikash Chowdhury,

  Sri Tapas Roy,

  Sri Rajib Chowdhury,

  Smt. Ruthi Debbarma,

  Smt. Sangita Debbarma,

  Sri Subam Bhattacharjee,

  Sri Partha Tripura,

  Learned Advocates. 

 

For the O.P No.1 & 2 : Exparte.

 

For the O.P. No. 3 : Sri Mridul Kanti Arya,

  Sri Pritam Deb,

  Learned Advocates. 

 

 

 

ORDER   DELIVERED  ON:  03.03.2023.

 

 

 

F I N A L    O R D E R

1. This application U/S 35 of the Consumer Protection Act, 2019 has been filed by Rathindra Tripura against the O.Ps for payment of the insured sum of the Motor Bike and consequent compensation to be paid by the O.P. No.1. on the following facts:-

(a) That the Motor Bike bearing Registration No. TR03K 9428 of the complainant which was insured with the O.P. No.1, was parked nearby Heritage Park, Agartala on 25.12.2020 at about 1.20 P.M. At  1.40. P.M.   the Motor Bike was found missing. Hence, information was given to the N.C.C. P.S. on that day vide N.C.C. P.S. G.D. Entry No.26. However, since 2 other motor bikes was also missing, a specific case vide N.C.C. P.S. Case No. 194/2020 was registered on 31.12.2020. Ultimately on completion of investigation NCC P.S. submitted Final Report on 31.03.2021.

(b) The complainant informed the O.P. No.1 for getting the Insurance Claim but his claim was repudiated by the O.P. No.1 by a letter dated 29.01.2021 on the ground that “Notice shall be given in writing to the Company immediately................” 

2. The O.P. No.2 is the Grievance Redressal Forum of O.P. No.1 and O.P. No.3 is the Financier of the Motor Bike which was purchased by the complainant. However, the O.P. No.1 and 2 did not contest the case and the case proceeded exparte against them vide order dated 19.07.2022 and 17.08.2022.

3. The O.P. No.3 contested the case by filing Writing Statement and pleaded that the O.P. No.3  is the only Financier of the Motor Bike. 

4. The complainant submitted evidence on affidavit with documents.

5. Hearing argument of the complainant the following point is taken up for discussion and decision:-

(I) Whether the repudiation of the claim by the O.P. No.3 is justified and amounts to deficiency in service by the O.P. No.1.?

6. The repudiation letter dated 29th January,  2021 by O.P. No.1 gives a clear picture that the Motor Bike of the complainant was duly insured with O.P. No.1. The copy of FIR, copy of Order dated 16.05.2021 passed by the Court of J.M, 1st Class, Agartala in NCC P/S. Case No. 194/2020 and evidence of the complainant proved the fact of theft of the Motor Bike of the complainant as alleged.

7. The repudiation of claim by the O.P. No.1 is not at all justified because theft was committed on 25.12.2020; on that day G.D. Entry was registered and specific case was registered on 31.12.2020. Police submitted Final Report on 31.03.2021 even before that by letter dated 29.01.2021 repudiated the claim of the complainant. It means the complainant made no delay informing the insurance Company. As such Insurance company i.e., the O.P. No.1 was not justified to repudiate the claim of the complainant on the ground that the O.P. No.1 was not given information in time.

The point is decided accordingly in favour of the complainant.

8. In the result, it is ordered that the O.P. No.1 i.e., the Branch Manager, Reliance General Insurance Company, Agartala Branch shall pay the sum of Rs.77,316/-(Rupees Seventy Seven Thousand Three Hundred and Sixteen) i.e., the price of the motor Bike with interest @ 7.5% P.A. to the complainant w.e.f. today till the date of actual payment. The O.P. No.1 shall also pay  a sum of Rs.5,000/-(Rupees Five Thousand) to the complainant as litigation cost. 

  The case stands disposed off. 

Supply a copy of this Final Order free of cost to the complainant and the Opposite parties.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.