STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

TRIPURA

APPEAL CASE No.F.A-27/2014

Sri Biplab Majumder,

S/O Sri Naresh Chandra Majumder,

Of Madhya Badharghat, Siddhiashram,

P.O-Badharghat, P.S-West Agartala,

Dist-West Tripura.

                                     ….    ….    ….    ….    Appellant.

                              Vs

The Divisional Manager,

United India Insurance Co.Ltd.

Agartala Divisional Office, GRS tower, 1^st Floor,

RMS Chowmuhani, P.O-Agartala,

P.S-West Agartala, Dist-West Tripura.

                                    ….    ….    ….    ….    Respondent.

PRESENT :

             HON’BLE MR.JUSTICE S.BAIDYA,

             PRESIDENT,

             STATE COMMISSION

                  MRS.SOBHANA DATTA,

             MEMBER,

               STATE COMMISSION.

For the Appellant       :      Mr.R.Datta,Adv.

                                       Mr.R.Das,Adv.

          For the respondent    :        Mr.S.Datta Choudhury,Adv.

Date of Hearing         :     18.12.2014.

Date of delivery of Judgment  : 02.02.2015.

J U D G M E N T

S.Baidya,J,

            This appeal filed on 19.09.2014 by the appellant-complainant Biplab Majumder under Section 15 of the Consumer Protection Act., 1986 is directed against the judgment and order dated 20.08.2014 passed by the Ld. District Consumer Disputes Redressal Forum, (in short District Forum), West Tripura, Agartala in case No.C.C-114 of 2013 whereby the Ld. District Forum dismissed the complaint with no cost.        

2. The case of the petitioner as narrated in the memo of appeal, in brief, is that the appellant-complainant entered into a motor package policy bearing No-130900/31/12/01/00000116 for a sum of Rs.1,90,000/- with the respondent United Insurance Co.Ltd., the O.P.-respondent herein which was valid with effect from 09.04.2012 to 08.04.2013 for his vehicle bearing No-TR-o1-W-0490 (Maruti Omni), covering the risk of accident. It has also been stated that on 04.06.2012 the said vehicle of the appellant met with an accident at south Manikbhandar on way from Ambassa to Kamalpur and as a result, various parts of the vehicle were badly damaged and on the next date of accident i.e. on 05.06.2012 the appellant intimated the matter to the respondent Insurance Company and claimed for compensation as per insurance policy against any loss or damage to the vehicle caused by accident etc.                                                  
3. It has also been stated in the memo of appeal that the respondent-Insurance Company requested the appellant to get his vehicle repaired at his own cost and thereafter, to submit the bill of the same for getting the compensation and accordingly, after getting the vehicle released from the court which was seized by the I.O. during the time of investigation, he handed over it to S.B. Automobiles & Servicing Centre, Siddhi Ashram, Agartala, West Tripura for its servicing and repairing and in the said repairing center, the complainant paid Rs.82,540/- vide voucher dated 13.06.2012 towards the repairing charge of the vehicle and after receiving the voucher dated 01.08.2012 he submitted the same to the Divisional Manager of the respondent-Insurance Company. It has also been stated that although the accident happened during the coverage period, but in spite of repeated approach, the respondent denied to pay any sort of compensation to the appellant and for that the appellant being aggrieved filed the complaint before the Ld. District Forum, but the Ld. District Forum dismissed the complaint for default and thereafter the appellant filed a fresh complaint before the Ld. Forum which has been contested by the respondent. It has a