BEFORE THE HON’BLE
CONSUMER DISPUTES REDRESSAL FORUM UNIT – III, KOLKATA – SOUTH
18, Judges Court
Road, Kolkata - 700027.
Complaint Case no. CC/316/2017.
In the matter of :
Smt.
Shila Maity W/o Sri Subrata Maity, residing at premises being no. 139, Sarat
Ghosh Garden Road, P.S.- Kasba, Kolkata – 700 031 being the proprietor of M/s.
Scientific Power Corporation, a proprietorship firm having its place of
business at premises being no.169/4, Sarat Ghosh Garden Road, Dhakuria, Kolkata
– 700 031.
……………..Complainant
-
Versus
–
1.
The Divisional Manager, The New India Assurance Co. Ltd., Code
No.-510600,
18/2, Gariahat Road, Kolkata –
700019.
2. The New India Assurance Co.
LTD., Corporate Head Office at premises
being no. 87, M.G. Road, Fort, Mumbai 400 001.
3.
The
State Bank of India, Kasba Branch, Banku Bihari Chatterjee
Road, Opposite Allahabad Bank, Rath
Tala, Kasba, Kolkata – 700 042,
West Bengal.
4.
The State Bank of India, Stressed Assets Recovery
Branch, 36, Jawaharlal Nehru Rd, Park Street area, Kolkata, West Bengal 700071.
………Opposite Parties
EVIDENCE ON AFFIDAVIT BY THE
COMPLAINANT
Smt.
Shila Maity
AFFIDAVIT
Affidavit of Smt.
Shila Maity, Wife of Sri Subrata Mity, aged about ___ years, by faith Hindu, by Occupation
Business, residing at premises being no. 139, Sarat Ghosh garden Road, P.S.-
Kasba, Kolkata – 700 042, District South 24 Parganas.
I, the above
deponent do hereby solemnly affirm and declare as under :-
1. That I am being the Complainant, and
thoroughly conversant with the facts and circumstances of the present case and
am competent to swear this affidavit.
2. That I beg to say that I am a peace
loving and law abiding citizen of this Country, residing and carrying my
business, solely for the purpose of my lively hood at the address as given in
the cause title of my application, under Section 12 of the Consumer Protection
Act’ 1986.
3. That I beg to say that the
opposite parties no. 1 & 2 are the insurance company carrying on business
of Insurance, all over the country including the jurisdiction of this Hon’ble
Forum. The opposite parties are (
carrying their business in terms of the insurance Act,1938 ).
4. That I beg to say that the
opposite parties being No.3 & 4 are the nationalized Bank carrying out
their business in terms of the banking regulation Act’1949, all over the
countries, the Kasba Branch is under the jurisdiction of this Hon’ble
Forum. The opposite parties being No.3
& 4 are carrying their banking activities in terms of the provision of
State Bank of India Act’1955.
5. That I beg to say that I
being the proprietor of M/s. Scientific
Power Corporation, have insured the office equipments lying in premises No.
60/1B, Banerjee Para Lane, Kolkata – 700 031, under Policy No.
51059/45/06/04/00000129 and Claim no. 510600/46/07/04/ 90000003. The said equipments were shifted to premises
No.169/4, Sarat Ghosh Garden Road, Kolkata – 700 031. I intimated the said facts by letter dated
11.12.2006. The Photostat copy of the letter dated 11.12.2006 has annexed and
marked with letter “P-1”, with my petition of complaint, and referred the same
for consideration.
6. That I beg to say that on
13.06.2007 when I went to the office found that the door was open and the
materials were scattered and some office equipments were stolen amounting the
sum of Rs. 2,77,000/- (Rupees Two Lakh Seventy Seven Thousand) only in value and Rs.50,000/- (Rupees Fifty
thousand) only by cash was also stolen
from office.
7. That I beg to say that the New
India Assurance Company by letters dated 28.11.2007, 26.12.2007, 18.02.2008
& 09.06.2008 directed me to submit the FIR and Final police report in
respect of said claim in absence of which they were unable to settle the claim.
The Photostat copy of the letter dated 28.11.2007, 26.12.2007, 18.02.2008 &
09.06.2008 are annexed and marked with Annexure “P-2” collectively, with my
petition of complaint.
8. That I beg to say that I lodged
complaint with the local Police Station Kasba and claimed the sum assured for
theft. The FIR and Final Police Report
were submitted to the New India Assurance Company Limited on 02.07.2009 and the
same was acknowledged by the said Insurance Company on 06.07.2009, which are
collectively marked as Annexure “P-3” with my petition of complaint.
9. That I beg to say that my claim
was not settled, I moved a writ petition in the Hon’ble high Court and after
hearing the Learned Advocate for the petitioner in presence of both side’s Ld.
Advocates by an order dated 12.05.2009 in W.P. No.29870 (W) of 2008 the Hon’ble Justice Sanjib Banerjee,
was pleased to dispose of the writ petition by directing the Insurance Company
in presence of the learned Advocate of Insurance Company to take a decision in
the matters upon the requisite papers submitted by the petitioner. The
Photostat copy of the order dated 12.05.2009 in annexed and marked with letter
“P-4” with my petition of complaint.
10.
That
I beg to say that the New India Assurance Company Limited of 18/2, Gariahat
Road, Kolkata – 700 019 mentioned by letter dated 19th August, 2009
that the goods were stolen from the premises No.169/4, Sarat Ghosh Garden Road,
Kolkata – 700 031, which was not insured by them under the above policy. They have insured the warehouse at 60/1B,
Banerjee Para Lane, Kolkata – 700 031. The Photostat copy of the letter dated
19.08.2009 is annexed and marked with letter “P-5” with my petition of
complaint.
11.
That
I beg to say that the change of address of my warehouse from premises No.60/1B,
Banerjee Para Lane, Kolkata – 700 031, to premises No.169/4, Sarat Ghosh Garden
Road, Kolkata 700 031 is mentioned by letter dated 11.12.2006 through State
Bank of India,, Kasba Branch, Kolkata – 700 042, to the said Insurance Company
Limited, Because warehouse of 169/4, Sarat Ghosh Garden Road, Kolkata – 700
031, is insured through the said State Bank of India.
12.
That
I beg to say that I submitted all the relevant papers as claimed by the New
India Assurance Company Limited since long time back. In spite of receiving all the documents, the
said insurance company has been intentionally harassing the petitioner and
delaying in settling the claim in view of the claim case Policy Numbers
510509/45/06/04/00000129 and 510600/11/06/00000554 of New India Assurance Co.
Ltd.
13.
That
I beg to say that in spite of repeated requests to the New India Assurance Co.
Ltd. to settle the claim assured by the said Insurance company Ltd., but the
said Insurance Company i.e. respondent No.3 has failed to settle the claim
amount, insured by the said Insurance Company Limited.
14.
That
I beg to say that as the respondent No.1 i.e. Divisional Manager of The New
India Assurance Co. Ltd., I have been suffering mentally and losing lot of
amount which was insured by the said Insurance Company.
15.
That
I beg to say that I through my Learned Advocate by letter dated 01.03.2011
requested the respondent No.1, to make the insured amount within 7 days
otherwise the petitioner will take legal steps.
In spite of receiving the said letter, the respondent No.1 did not
settle the claim case. The Photostat copy of the order dated 01.03.2011 is
annexed and marked with letter “P-6” with my petition of complaint.
16.
That
I beg to say that again I submitted one Writ application under Article 226 of
the Constitution of India, vide W.P. no. 7920 (W) of 2011, { M/s. Scientific
Power Corporation, - Versus – The State of West Bengal and Others } before the
Hon’ble High Court at Calcutta, and whereas upon due services of notices on all
the respondents therein, the said Writ Petition has been heard as on
09-02-2015, by the Hon’ble Justice Soumitra Pal, and whereas His Lordship was
pleased to pass necessary order with a direction upon the present respondent
no.1, herein to disposeoff the matter in accordance with law within a period of
twelve weeks from the date of presentation of copy of the certified copy of the
order dated 09-02-2015.
17.
That
I beg to say that the Learned Advocate on record in the said Writ Petition,
cause necessary endavour to obtain certified copy of the order dated
09-02-2015, in W.P. no. 7920 (W) of 2011, passed by the Hon’ble Justice
Soumitra Pal, and on receipt of such certified copy of the said order, the said
Learned Advocate, made communication to the respondent no. 1, herein, through
his letter dated 23-03-2015, sent through the Registered Post with A/D. the A/D
card back with the acknowledgment of the receipt of the respondent no.1,
herein. The Letter of Communication, the Certified copy of the Order dated
09-02-2015, in W.P. no. 7920 ( W ) of 2011, Postal receipt, and A/D Card, etc,
are enclosing and collectively marked as Annexure “P-7” with my petition of
complaint.
18.
That I beg to say that the respondent no.1,
was in receipt of the communication of the order of the Hon’ble High Court at
Calcutta, though did not cause any endavour to comply in terms of the order,
and therefore did not communicate anything and did not pay any sum of money in
terms of the claim, thereof.
19.
That
I beg to say that I myself visited the office of the respondents on several
occasion, with my request to look into the matter of my claim, and whereas the
respondents officials all along assured to look into the matter of my complaint
at earliest but all in vain at the behest of the respondents officials, thereof
I did not yield anything fruitful, till date and become victim at the instances
of the respondents.
20.
That
I beg to say that I served one notice through my Learned Advocate on the
respondents, stating inter alia the facts and the order of the Hon’ble High
Court at Calcutta for the compliance and release of the claim amount, which the
respondents are in receipt thereof could not initiate their endavour and therefore
they did not act upon in the terms of the notices of my Learned Advocate. The
copy of notices sent through Learned Advocate, Postal receipts, and track
report, thereof are enclosing, and collectively marked as Annexure – “P-8”,
with my petition of complaint.
21.
That I beg to say that the respondent nos. 1,
and 2, did not act in terms of the order of the Hon’ble High Court at Calcutta,
and thus did not decide the fate of the claim put by me, in terms of the facts
and in the Law, and the respondent nos. 3, and 4, raised their claim time and
again to me, thus I am a victim of the purported perverted activities and
inaction of the respondents, herein.
22.
That
I beg to say that I am a consumer in terms of the provision of Section 2 (d) of
the Consumer Protection Act’ 1986.
23.
That
I beg to say that the acts and deeds as described herein above about the
respondents, well constitute their deficiency in services, and unfair trade
practices, as meant for in the provisions of the Consumer Protection Act’ 1986.
24.
That
I beg to say that I am a lady who run my proprietorship firm in the name and
style as of M/s. Scientific Power Corporation, and earning thereby for my
livelihood and my family comprising my husband and the children thereof.
25.
That
I beg to say that I am entitled to get my claim as of Rs. 2,77,000/- (Rupees
Two Lakh Seventy Seven Thousand) only in
value and Rs.50,000/- (Rupees Fifty thousand) only in cash, totaling as of Rs.
3,27,000/- ( Rupees Three Lakhs and Twenty Seven Thousand ) only, from the
respondent no. 1, and 2, thereof in terms of the facts and in terms of the law.
26.
That
I beg to say that I assessed as of Rs.5,00,000/- (Rupees five lacs) only
towards compensation for harassment, trouble, mental anxiety, sufferings
arising out of deficiency in services and unfair trade practices of the
opposite parties.
27.
That
I beg to say that I am a bonafide consumer and much entitled to get relief in
terms of my prayer before the Hon’ble Forum, in the interest of administration
of justice.
28.
That
I pray for the following relief / reliefs before the Hon’ble Consumer Disputes
Redressal Forum Kolkata Unit – III ( Kolkata South ) :
a) Direct the Opposite Parties /
respondents nos. 1, & 2, to release the claim amount as of Rs. 2,77,000/-
(Rupees Two Lakh Seventy Seven Thousand) only
in value and Rs.50,000/- (Rupees Fifty thousand) only in cash, totaling
as of Rs. 3,27,000/- ( Rupees Three Lakhs and Twenty Seven Thousand ) only, to
the Petitioner / Complainant, in the interest of administration of justice;
b) Direct the Opposite Parties /
Respondents to pay as a sum of Rs.5,00,000/- (Rupees Five Lakhs ) towards
compensation for the mental agony, harassment, etc. to the petitioner /
complainant in the interest of administration of justice.
c) Direct the Opposite Parties /
Respondents to pay cost of this consumer proceeding to the petitioner /
complainant in the interest of administration of justice;
d) To pass such other necessary
order or orders or further order or orders as your Honour may deem, fit, and
proper for the end of justice.
29.
That
the facts contained in my complaint / application under Section 12 of the
Consumer Protection Act’ 1986, the contents of which have not been repeated
herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate.
Date
: _____________________2017,
Place
: Alipore, Kolkata – 700027.
NOTARY
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