Before:

The Honourable President and Members

District Consumer Dispute Redressal Forum,
Bhagalpur

Consumer Case No. of 2021

Smt. Alpana Devi W/O Sri Chetan Pandit, R/O

Fullidumar, Manjira, Gouripur, Banka, PIN:
813202 ----------------------------- Complainant
Versus
1.Roopam Asthana, Chief Executive Officer and
Whole Time Director, Liberty General Insurance
Limited
2.Kuldeep Kumar, Vice President & National Manager
Motor Claim, Liberty General Insurance Limited,
10Th Floor, Tower A, Peninsula Business Park,
Ganpatrao Kadam Marg, Lower Parel, Mumbai,
Maharashtra-400013.
3.Sushil Kumar Nayak, Area Claims Manager-Motor,
Office No. 101, 1ST Floor Center Point, Khata
No.440/179, Plot No.501/1741/1841, Mouza
Kharvela Nagar, Bhuvneshwar-751001.
4.Deepak Kumar Jha, Claims Service Manager, House
No.3004, Grand Plaza, Frazer Road, Patna, Bihar,
PIN: 800001
5.Amit Automobiles Private Limited, Opposite
Engineering College, Sabour Road, Bhagalpur,
PIN: 813210 ------------------ Opposite Parties
The complainant begs to
state as follows:

Reference: Notice regarding Insurance Claim No.

300301201118110010501 of Vehicle bearing its
Registration No.BR-10PB-1787, Engine
No.TDJ4C76930, Chassis No.MA1TA2TDKJ2C29957,
Make/Model/Type of Body: Mahindra &
Mahindra/Scorpio/S3 2WD 9STR.

As per the instruction of my client and with due

respect I being an Advocate of Alpana Devi W/O
Chetan Pandit, R/O Fulidumar, Manjira, Gouripur,
Banka, PIN: 813202, I wish to draw your kind
attention on the following points:

1.That the Vehicle bearing its Registration

No.BR-10PB-1787, Engine No.TDJ4C76930, Chassis
No.MA1TA2TDKJ2C29957, Make/Model/Type of Body:
Mahindra & Mahindra/Scorpio/S3 2WD 9STR, met an
accident on 16.07.2018 at Khedia, Changkhar
Mor, Banka.
2.That the said vehicle was registered in the
name of complainant namely Alpana Devi W/O
Chetan Pandit, R/O Fulidumar, Manjira,
Gouripur, Banka, PIN: 813202.
3.That the insurance cover was taken for the said
vehicle by the owner of the vehicle from
opposite party company bearing its Policy
No.201130030118700048400000. The policy start
date was 19.04.2018 at 17.52 and the policy
expiry date was 18.04.2019 at 23.59. The IDV
value of the vehicle was Rs.09,51,346/-(Nine
lacs fifty one thousand three hundred forty
six).
4.That it is brought into your kind notice that
Surveyor/Loss Assessor submitted its final
Survey Report after being surveyed by him on
23.07.2018 with other different dates as the
case was allotted to him on 23.07.2018.
According to his Survey Report the net
liability on Insurer was to the tune of
 Rs.05,67,120/-(Five lacs sixty seven thousand
one hundred twenty).
5.That it also brought into your kind notice that
the said vehicle was dismantled & repaired at
M/S Amit Automobiles, Bhagalpur after getting
the nod to dismantle the Vehicle by Prashant
Kumar Ojha on 3RD September, 2018.
6.That the vehicle was repaired and got ready to
be delivered on 26.11.2018 on total expense of
Rs.06,95,,378/-(Six lacs ninety five thousand
three hundred seventy eight).
7.That my client took delivery of the vehicle on
26.11.2018 from Amit Automobiles but you are
still sitting idle over the matter and not
paying Insurance company’s part of
Rs.05,67,120/-(Five lacs sixty seven thousand
one hundred twenty).
8.That you are making the case technical to avoid
payment of Insurance Claim.
9.That it is brought into your kind notice that
the fundamental of relationship between
Customer and Insurance Company is Mutual Trust.
My client has respected Mutual Trust by getting
her vehicle insured from your company investing
his capital. Now, it is your moral/legal duty
to release payment of insurance claim
respecting Mutual Trust. But your act is an
indicative of the fact that you are committing
breach of trust with my client.
10. That your inaction in payment of Insurance
Claim has compelled my client to pay interest
@ 12% per annum to the private lender on
Rs.05,67,120/-(Five lacs sixty seven thousand
one hundred twenty) from 26.11.2018 as my
client has taken delivery of the vehicle on
 26.11.2018 after getting it fully repaired.
Your dishonest intension automatically an
offence of cheating.
11. That thus you all have knowingly &
deliberately committing breach of trust and
forgery for the purpose of cheating with my
client which are punishable under section 406 &
420 of Indian Penal Code for wrongful gain to
your company.
12. That in spite of the receipt of the legal
notice, no reply has been sent either to the
complainant or his learned lawyer, so
complainant having left with no option, files
this case before your honour.
13. Value of Goods/Service: Below ten lacs.
14. Details of Cash Memo/Receipts if any: Copy
of Policy & Bills
15. Documentary Proof / Evidence in support of
Complaint if any: Copy of Correspondences.
16. Relief Sought:
(i) The Opposite Party/company may be
directed to award the claim amount of
Rs.07,16,643/-(seven lacs sixteen
thousand six hundred forty three) with
an interest of 18% per annum from the
date of claim to the date of payment.
(ii) Suitable Compensation & Cost of
Litigation may be awarded.

Complainant

Through
 Advocate

VERIFICATION
I, Alpana Devi W/O Chetan Pandit, the
petitioner of this Consumer Case do hereby
solemnly affirm and declare that the contents
made in the Consumer Complaint Case are correct
and true to the best of my knowledge and
belief. Verified on the day of 2021.

Petitioner Petitioner

Through

Advocate
 BEFORE,
The Honourable President & Members,
District Consumer Dispute Redressal Forum
Bhagalpur(Bihar)
Consumer Case No. of 2021
Alpana Devi ------------------ Complainant
VERSUS
Rupam Asthana & Other ----- Opposite Parties
Affidavit
I, Alpana Devi W/O Chetan Pandit, R/O
Fulidumar, Manjira, Gouripur, Banka, PIN:
813202, by faith: Hindu, Nationality: Indian
do hereby solemnly affirm & declare as
follows:

1. That, I am complainant of this case.

2. That, I am well acquainted with facts
mentioned in every paragraphs of this case.
3. That, I am well acquainted with the facts &
circumstance of the case.
4. That, the statements made in this case as well
as in this Affidavit are true no part of it is
false and nothing has been concealed.

Identified by Deponent

Advocate