BEFORE THE LEARNED DISTRICT C ONSUMER DISPUTES

REDRESSAL COMMISSION AT SILIGURI

Consumer Case No. _________ of 2024
ASHOK TARU MALLICK
…. Complainant
-Versus-
SBI GENERAL INSURANCE CO. LTD
…. Opposite Party
MAHINDRA & MAHINDRA FINANCIAL
SERVICES LTD.
…. Performa Opposite Party
INDEX
Serial Particulars Annexures Page
Number Number
1. List of Dates and Synopsis ----- -----
2. Memo of Parties ----- -----
3. Consumer Complaint -----
4. List of Documents -----
Photocopy of the AADHAAR of the
5. A
complainant
Photocopy of the certificate of
6. B
Registration
7. Photocopy of Insurance Policy C
Photocopy of the FIR dated
8. D
17.05.2020
Photocopy of Emergency Slip issued
9. by the Medical Officer of Health, E
Changrabandha BPHC, Coochbehar
Photocopy of Routine Discharge
10. issued by Anandaloke Multispecialty F
Hospital
Photocopy of Claim Intimation Letter
11. G
dated 27.05.2020
Photocopy of Discharge Summary
12. issued by Basu’s Clinic Health Care H
Pvt. Ltd.
 Photocopy of Job Slip issued by
13. Sevoke Motors Pvt. Ltd. dated I
10.06.2020
Photocopy of the said letter sent by
14. J
Complainant to O.P.
Photocopy of the final reminder
15. letter sent by O.P. to the K
Complainant
Photocopy of the Claim Closure
16. Letter sent by O.P. to the L
Complainant
Photocopy of the letter dated
17. M
07.03.2022 from P.O.P.
Photocopy of the notice from Udit
18. N
Sharma and Associates
19. Vakalatnama -----
 LIST OF DATES
23.12.2019 Date of purchase of vehicle being registration no.
WB74BA8731
16.12.2019 Start date of the effective period of the Own Damage and
Third-Party Insurance Policy in the name of the vehicle
16.05.2020 Date of Accident
17.05.2020 Written intimation filed to the Mekhliganj Police Station,
Coochbehar
17.05.2020 Complainant admitted to Anandaloke Hospital
17.05.2020 Admission of medico-legal accident case reported to
Bhakti Nagar Police Station by Anandaloke Multi
Specialty Hospital
27.05.2020 Accidental Claim letter filed to the O.P. Insurance
Company
28.05.2020 Complainant discharged from Anandaloke Hospital
05.06.2020 Complainant was admitted to Basu’s Clinic Healthcare
Pvt. Ltd.
07.06.2020 Complainant was discharged from Basu’s Clinic
Healthcare Pvt. Ltd.
10.06.2020 The said accidental vehicle declared to have suffered
total loss by Sevoke Motors Pvt. Ltd.
15.01.2021 Letter from O.P. Insurance Company reminding the
complainant to submit Driver ML Report
29.01.2021 Claim Closure Letter from O.P. Insurance Company to
the complainant that the claim was “Rejected due to
documents Pending”
07.03.2002 Letter from P.O.P. to complainant recalling the loan
agreement with the complainant
01.03.2023 Letter from legal representative of P.O.P. to complainant
invoking Arbitration Proceedings
 SYNOPSIS
The complainant is a peace and law-abiding citizen of the country and a
registered owner of vehicle bearing Registration No. WB74BA8731 and
the said vehicle was purchased on finance from P.O.P.. The O.P. is a
reputed insurance company. The complainant had availed a “Bundled
Motor Policy – 3 Yr TP + 1 Yr OD (Private Vehicle)” from the O.P.
Insurance Company.

On 16.05.2020, the complainant while driving the vehicle bearing

Registration No. WB74BA8731 on the road in the North-east direction
about 24 kms from Mekhliganj Police Station, one Tanker bearing
registration no. NL02N6952 dashed with the car of the complainant. An
FIR was lodged at the Mekhliganj P.S., Dist Coochbehar. West Bengal by
one Bhaggya Barman, w/o Dhoda Barman on 17.05.2020.

The Complainant was then taken to Changrabandha BPHC by the

Mekhliganj where he received first aid treatment and then referred to
Anandaloke Multispeciality Hospital and was admitted on 17.05.2020
and discharged on 28.05.2020. The said incident was brought to the
attention of the O.P. Insurance Company by the complainant on
27.05.2020 and the said claim was registered by the O.P. Company.

The complainant again was admitted to Basu’s Clinic Healthcare Pvt.

Ltd. on 05.06.2020 for further treatment and discharged on 07.06.2020.

At the request of the O.P. Insurance Company the complainant provided

all the requisite documents to the O.P. Insurance Company. The O.P.
had asked the complainant to provide them with “Driver ML Report” but
due to circumstances not in the hands of the complainant, he was
unable to provide the O.P. such document and the time stipulated by
the O.P. Insurance Company and was seeking time from the O.P. to
provide the required document. Whereas, the O.P. Insurance Company
rejected the claim of the complainant on 29.01.2021 stating “Rejected
due to documents pending”.
The EMI due to P.O.P. was and is still pending and as the O.P.
Insurance Company rejected the claim, the Complainant is unable to
pay the remaining EMI to the P.O.P. due to financial hardship. The
complainant has been getting notices from the P.O.P. and its legal
representative time and again regarding the repayment of loan which
should have been covered by the O.P.

Be that as it may, the fact remains that the said ill-fated vehicle met
with an accident on the road in the North-east direction about 24 kms
from Mekhliganj Police Station. Yet even after providing the documents
for substantiating the claim, the insurance company rejected the claim
of the complainant. The closure of the claim has caused the
complainant severe loss.

Hence this present application is being filed.

BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION AT SILIGURI

Consumer Case No. _________ of 2024

MEMO OF PARTIES

 Name and address of the complainant: -

ASHOK TARU MALLICK, S/O KALPATARU MALLIK,

Resident of Jyotirmay Colony, Siliguri Bazar, Ward No. 32, Siliguri
Municipal Corporation, P.O. & P.S. Bhaktinagar, Dist. Jalpaiguri,
Pin Code – 734007, in the state of West Bengal.

 Name and address of the Opposite Party: -

SBI GENERAL INSURANCE CO. LTD.

Having its issuing office at 4th Floor, B Block, Apeejay House, 15,
Park Street, Kolkata - 700016

ALSO AVAILABLE AT
Registered office at ‘Natraj, 301, Junction of Western Express
Highway & Andheri – Kurla Road, Andheri (East), Mumbai -
400069

 Name and address of the Performa Opposite Party: -

MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD.

Having its registered office at Gateway Building, Apollo Bunder,
Mumbai – 400001

ALSO AVAILABLE AT
Corporate office at Sadhana House, 2 nd Floor, 570, P.B. Marg,
Behind Mahindra Towers, Worli, Mumbai – 400018
BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION AT SILIGURI
Consumer Case No. _________ of 2024

IN THE MATTER OF:-

A complaint under section 35(1) of
Consumer Protection Act, 2019 (as amended
upto date).

ASHOK TARU MALLICK

S/O KALPATARU MALL,
Resident of Jyotirmay Colony, Siliguri Bazar,
Ward No. 32, Siliguri Municipal Corporation,
P.O. & P.S. Bhaktinagar, Dist. Jalpaiguri,
Pin Code – 734007, in the state of West
Bengal.
…. Complainant
-Versus-
SBI GENERAL INSURANCE CO. LTD.
Having its issuing office at 4 th Floor, B
Block, Apeejay House, 15, Park Street,
Kolkata - 700016, in the state of West
Bengal.
ALSO AVAILABLE AT
Registered office at ‘Natraj, 301, Junction of
Western Express Highway & Andheri – Kurla
Road, Andheri (East), Mumbai - 400069

…. Opposite Party

MAHINDRA & MAHINDRA FINANCIAL

SERVICES LTD.
Having its registered office at Gateway
Building, Apollo Bunder, Mumbai – 400001
ALSO AVAILABLE AT
Corporate office at Sadhana House, 2nd
Floor, 570, P.B. Marg, Behind Mahindra
Towers, Worli, Mumbai – 400018
…. Performa Opposite Party
 The above-named Complainant begs to state as follows: -

DETAILS OF THE CONTESTING PARTIES

1. That the complainant is a peace and law-abiding citizen of the country

and a registered owner of vehicle bearing Registration No.
WB74BA8731, and a permanent resident of the aforementioned address
as mentioned in the cause title of the complaint and is engaged in
working as a Road Contractor Supervisor to earn his livelihood.
 Photocopy of the AADHAAR of the complainant is annexed
herewith and marked as “Annexure – A”.

2. That the Opposite Party (hereinafter for the sake of brevity referred to as
the ‘O.P.’) is a reputed insurance company having its branch office and
registered office at the aforementioned addresses as mentioned in the
cause title of the complaint.

3. That the Performa Opposite Party) hereinafter for the sake of brevity
referred to as the ‘P.O.P.’) is a reputed Finance company having its
branch office and registered office at the aforementioned addresses as
mentioned in the cause title of the complaint.

PARTICULARS OF GRIEVANCES

4. That the Complainant is the registered owner of one Motor Car (Maruti
Suzuki WagonR VXI 1.0L) bearing Registration No. WB74BA8731,
Chassis No. MA3JMT31SKJ226961, Engine No. K10BN8301119.

 Photocopy of the certificate of Registration is annexed

herewith and marked as “Annexure – B”.

5. That the complainant had availed a “Bundled Motor Policy – 3 Yr TP + 1

Yr OD (Private Vehicle)” vide Policy No. 900706324/N94989143 from
the O.P. Insurance Company which was valid from OD – 16.12.2019 to
15.12.2020 and TP – 16.12.2019 to 15.12.2022.
  Photocopy of Insurance Policy is annexed herewith and
marked as “Annexure – C”

6. That the complainant purchased the said vehicle on loan from P.O.P.
vide Loan Agreement bearing Agreement No. 6678930 dated 19.12.2019

7. That the complainant had taken the said policy from the O.P. Insurance
Company with an expectation that at the time of any accident or any
untoward incident, the O.P. Insurance Company will provide financial
assistance to the complainant in lieu of the said insurance policy.

8. That on 16.05.2020 complainant the complainant while driving the said

vehicle bearing Registration No. WB74BA8731 along the road in the
North-east direction about 24 kms from Mekhliganj Police Station, one
Tanker bearing registration no. NL02N6952 dashed with said vehicle,
resulting in an accident. The said incident was informed to the Local
Police Station, i.e., Mekhliganj Police Station, Dist. Coochbehar, West
Bengal after a written complaint was filed by one Bhaggya Barman, w/o
Dhoda Barman subsequently a case was registered as by the Mekhliganj
Police vide Mekhliganj P.S. Case No. 138/2020, dated 17.05.2020, u/s
279/338/427 of IPC against the driver of the tanker bearing registration
no. NL02N6952.

 Photocopy of the FIR dated 17.05.2020 is annexed herewith

and marked as “Annexure – D”

9. That the complainant was found at the place of accident by the

Mekhliganj Police was taken to Changrabandha BPHC where First aid
treatment was done and due to the severeness of the injuries
succumbed by the complainant, was referred to a higher treatment
center for better and proper management.
 Photocopy of Emergency Slip issued by the Medical Officer of
Health, Changrabandha BPHC, Coochbehar is annexed
herewith and marked as “Annexure – E”
10. That the complainant was thereafter taken to Anandaloke Multispecialty
Hospital and admitted on 17.05.2020 at 02:21 hrs. The complainant
received treatment and a surgery of “closed reduction & K-Wire Fixation
(Left elbow) tried but failed”. The complainant was stable and was
discharged from the hospital on 28.05.2020.
 Photocopy of Routine Discharge issued by Anandaloke
Multispecialty Hospital is annexed herewith and marked as
“Annexure – F”

11. That on 2705.2020 the Krishna Taru Mallick on behalf of the

complainant as he was admitted in the hospital filed a claim intimation
letter at the Siliguri Branch of the O.P. Insurance Company and the
same was received.
 Photocopy of Claim Intimation Letter dated 27.05.2020 is
annexed herewith and marked as “Annexure – G”

12. That the complainant thereafter on 05.06.2020 got admitted at Basu’

Clinic Healthcare Pvt. Ltd. where surgery for “ORIF with locking plate
and screws done with bone grafting” was conducted. After being stable
the complainant was discharged on 07.06.2020.
 Photocopy of Discharge Summary issued by Basu’s Clinic
Health Care Pvt. Ltd. is annexed herewith and marked as
“Annexure – H”

13. That the vehicle of the complainant was assessed by Sevoke Motors Pvt.
Ltd. and declared to have suffered total loss.
 Photocopy of Job Slip issued by Sevoke Motors Pvt. Ltd.
dated 10.06.2020 is annexed herewith and marked as
“Annexure – I”

14. That the complainant after being discharged wrote a letter to the Claims
Manager of the O.P. Insurance Company stating and clarifying the
matter and requesting the O.P. to disburse the claim.
 Photocopy of the said letter sent by Complainant to O.P. is
annexed herewith and marked as “Annexure – J”
15. That the complainant received a final reminder letter from the O.P.
requesting the complainant to submit Driver ML Report by 22.01.2021.
Whereas, due to circumstances beyond the control of the complainant,
he was unable to procure the ML report.
 Photocopy of the final reminder letter sent by O.P. to the
Complainant is annexed herewith and marked as
“Annexure – K”

16. That on 29.01.2021 the O.P. sent a claim closure letter stating “Rejected
due to documents pending”.
 Photocopy of the Claim Closure Letter sent by O.P. to the
Complainant is annexed herewith and marked as
“Annexure – L”

17. That after the claim was rejected by the O.P. Insurance Company the
complainant suffered a major financial hardship and the result of which
the complainant was unable to pay the EMI of the said vehicle to the
P.O.P. Finance Company.

18. That a letter dated 07.03.2022 was sent by the P.O.P. Finance Company
recalling the loan agreement with the complainant due to the
irregularity and default in payment of EMI by the complainant. The
complainant was directed to pay a hefty sum of Rs. 5,67,266/- (Rupees
Five Lakhs Sixty Seven Thousand Two Hundred and Sixty Six) only and
if the complainant failed to pay the said amount the P.O.P. threatened
to initiate appropriate legal against the complainant.
 Photocopy of the letter dated 07.03.2022 from P.O.P. is
annexed herewith and marked as “Annexure – M”

19. That the complainant received a notice dated 01.03.2023 from Udit
Sharma and Associates, legal representative of P.O.P. Finance
Company, invoking Arbitration Proceedings.
 Photocopy of the notice from Udit Sharma and Associates is
annexed herewith and marked as “Annexure – N”
20. That it is relevant to mention here that at the time of making the claim
the complainant had provided all the relevant documents possible to the
O.P. Company as per their requisition on each and every occasion the
complainant has clarified all their queries for the settlement of the
claim.

21. That it is pertinent to mention here that the complainant could not
provide the O.P. Insurance Company with the Driver M.L. Report as he
could not procure it himself.

22. That it is pertinent to mention here that even after receipt of all
necessary and relevant documents and clarifications which were
required by the O.P. Insurance Company for the processing of the claim,
the O.P. Insurance company deliberately rejected the claim on the
ground that documents were pending. This is very contradictory to the
law of land and also amounts to utter deficiency of service and unfair
trade practice on the part of the Opposite Party. The Opposite party
does not have the right to refuse a claim arbitrarily without giving valid
legal reason.

23. That on several occasions the complainant tried to communicate with

the O.P. over the phone regarding his legitimate claim but the O.P. in
utter violation of law neglected and avoided to pay any heed to the
request of the complainant. This is very contradictory to the law of land
and also amounts to utter deficiency of service and unfair trade practice
on the part of the Opposite Party. The Opposite party does not have the
right to refuse a claim arbitrarily without giving valid legal reason.

24. That the complainant has suffered immense financial loss due to
rejection of the claim of the complainant. The complainant had taken
the said insurance policy from the opposite party and paid the premium
of the same with an anticipation that in the event of exigencies the
opposite party would render their assistance by providing adequate
compensation but the opposite party have miserably failed and
neglected to render their services to the complainant and due to their
deficiency in service the complainant is suffering a huge monetary loss.
25. That your complainant is unable to pay the Loan amount to the P.O.P.
Finance company and is getting notices from P.O.P. and its legal
representative because of the deficiency in rendering of service by the
Insurance Company and as the insurance company rejected the claim
unlawfully, your complainant is suffering from irreparable losses at all
fronts.

26. That the because of the latches of the Insurance Company and their
careless behavior towards your complainant when they should have
ensured the basic requirement of their consumer have significantly been
deficient, essentially establishing their deficiency has cost your
Complainant the loss of valuable time and resources.

CAUSE OF ACTION

27. That the cause of action arose on 16.05.2020 when the complainant
met with an accident while driving the said vehicle, on various dates on
which communications were made both from the complainant and the
O.P., on 29.01.2021 the O.P. have rejected the claim of the complainant,
on 07.03.2022 when the P.O.P. recalled the loan agreement between the
P.O.P. and complainant, and finally on 01.03.2023 when the legal
representative of P.O.P. sent a notice invoking the arbitration
proceedings and the cause of action is still continuing because O.P. has
not released the claim of the complainant.

28. That the Complainant is a Consumer under the provisions of the

Consumer Protection Act, 2019.

29. That the Complainant has suffered mental agony, monetary losses and
damages due to unfair trade practices and deficiency in service on the
part of the O.P. and that the complainant is entitled to receive the
insured amount, compensation for the losses suffered by the
complainant, compensation for mental pain, agony and harassment
suffered by the complainant, legal and litigation costs, interest on the
total amount due.
30. That the grievance/dispute of the complainant is well within the
jurisdiction of this Ld. Commission and the O.P. also has office within
the jurisdiction of this Ld. Commission.

31. That the court fees have been paid accordingly and deficit court fees if
found will be paid accordingly.

32. That the complainant craves the leave of this Ld. Commission to amend
any of the averments of this complaint.

33. That the complainant has not filed any suit, complaint in any other
Courts of Law, Consumer Dispute Redressal Commission, Hon’ble
Tribunals or Hon’ble Commissions in India under the same cause of
action.

34. That under the above circumstances the complainant prays that Your
Honour would be graciously be pleased to enquire into the matter for
protection of the consumer’s interest and pass order/s in favour of the
complainant and direct:-

A) Direct the opposite party to pay the claim amount according to

the said insurance policy for a sum of Rs. 4,66,896 (Rupees Four
Lakhs Sixty Six Thousand Eight Hundred and Ninety Six) only to
the complainant along with interest @ 24% per annum from
16.05.2020 till date of payment;

B) Direct the Opposite party to pay the storage fee for the damaged
vehicle being compounded in the service center from 10.06.2020
@ Rs. 400/- (Rupees Four Hundred) only per day till the date of
payment;

C) Direct the Opposite Party to pay a sum of Rs. 1,30,000/- (Rupees

One Lakh Thirty Thousand) only for the medical expenses
incurred by the complainant along with interest @ 24% per
annum from 07.06.2020 till date of payment.
 D) Direct the Opposite Party to pay a Sum of Rs. 15,000/- (Rupees
Fifteen Thousand) only per month to the complainant for loss of
earning due to accident and non-availability of vehicle from
16.05.2020 till date of payment.

E) Direct the Opposite party to pay a sum of Rs. 5,00,000/- (Rupees

Five Lakhs) only for the immense mental harassment and agony
caused to the complainant for a long tenure;

F) Direct the Opposite party to pay a sum of Rs. 5,00,000/- (Rupees

Five Lakhs) only as compensation for negligence and deficiency in
service;

G) Direct the Opposite party to pay litigation cost to the complainant

the tune of Rs. 35,000/- (Rupees Thirty-Five Thousand) only;

H) And other relief/relieves as Your Honour may deem fit and proper

And for this act of kindness Your Complainant as in duty bound shall
ever pray.
 AFFIDAVIT

I, ASHOK TARU MALLICK, S/o Kalpataru Mallik, Resident of Jyotirmay

Colony, Siliguri Bazar, Ward No. 32, Siliguri Municipal Corporation,
P.O. & P.S. Bhaktinagar, Dist. Jalpaiguri, Pin Code – 734007, in the
state of West Bengal, do hereby solemnly affirm and declare as follow:-

1. That I am the complainant of this case.

…………..…. This is true to my knowledge

2. That I am well acquainted with the facts and circumstances of

this case.
…………..…. This is true to my knowledge

3. That the statements made in paragraph nos. 1 to _____ are true to

the best of my knowledge and belief/s and the rest of the
paragraphs are my humble submission before this Ld.
Commission.
…………..…. This is true to my knowldege

I sign this affidavit on this the

_____ day of March, 2024 at
Siliguri.

_____________________________
Signature of the declarant
Identified by me:

Advocate
 BEFORE THE LEARNED DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION AT SILIGURI
Consumer Case No. _________ of 2024
KAMLESH RAY
…. Complainant
-Versus-
SHRIRAM GENERAL INSURANCE CO. LTD
…. Opposite Party

LIST OF DOCUMENTS FILED ON BEHALF OF THE COMPLAINANT

ABOVE NAMED
Serial Annexure Page
Particulars
Number s Number
Photocopy of the AADHAAR of the
1. A
complainant
Photocopy of the certificate of
2. B
Registration
3. Photocopy of Insurance Policy C
Photocopy of the FIR dated
4. D
17.05.2020
Photocopy of Emergency Slip issued
5. by the Medical Officer of Health, E
Changrabandha BPHC, Coochbehar
Photocopy of Routine Discharge
6. issued by Anandaloke Multispecialty F
Hospital
Photocopy of Claim Intimation Letter
7. G
dated 27.05.2020
Photocopy of Discharge Summary
8. issued by Basu’s Clinic Health Care H
Pvt. Ltd.
Photocopy of Job Slip issued by
9. Sevoke Motors Pvt. Ltd. dated I
10.06.2020
Photocopy of the said letter sent by
10. J
Complainant to O.P.
 Photocopy of the final reminder letter
11. K
sent by O.P. to the Complainant
Photocopy of the Claim Closure Letter
12. L
sent by O.P. to the Complainant
Photocopy of the letter dated
13. M
07.03.2022 from P.O.P.
Photocopy of the notice from Udit
14. N
Sharma and Associates