DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FAZILKA.
Complaint No. RBT/CC/147/2023 – CC/60/22
Date of Institution: 03.03.2022
Date of Decision: 24.06.2024
Taj Singh aged about 70 years S/o Surjan Singh, R/o H.No. C-1140, Street No.4, Nai Abadi, Islamabad, Fazilka, Tehsil and District Fazilka. Pin-152123. (88727-41881).
...Complainant
Versus
1. Bajaj Allianz General Insurance Company Limited, office at SCO 156, 159, 2nd Floor, Madhya Marg, Sector 9C, Chandigarh, Pin-160009, through its Authorized Signatory.
2. Bajaj Allianz General Insurance Company Limited, Registered Office at Bajaj Allianz House, Airport Road, Yarwada, Pune, Pin-411006, through its Authorized Signatory.
...Opposite Parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Quorum: Sh.Vishal Arora, President.
Sh.Raghbir Singh Sukhija, Member.
Smt.Tajinder Kaur, Member
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Present: Sh. R.K.Sachdeva, Counsel for Complainant.
Sh. A.K.Sharma, Counsel for Opposite Parties.
ORDER
(Vishal Arora, President):
Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against opposite parties for seeking directions to pay Rs.39,000/- along with interest @ 18% per annum besides Rs.25,000/- as compensation for mental harassment & agony alongwith litigation expenses to the tune of Rs.11,000/-.
2. Briefly stated, the case of complainant is that he got insured his motorcycle make HF Deluxe (Self-Drum-Cast), bearing registration no. PB-22-U-6588,Chasis no.MBLHAR206J9J12946,Engine-no.HA11ENJ9J20289, Model 2018 from opposite parties insurance company for an insurance cover of Rs.39,000/- vide policy no. OG-22-1103-1802-00001208 for the period from 01.07.2021 to 30.06.2022 and paid premium of Rs.1505/-. It has been pleaded that on 13.07.2021 at about 10.00 PM, the complainant visited court complex, Fazilka and parked his motorcycle outside court complex in front of Shiv Puri and when he came back after some time, his motorcycle was
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missing at the spot where it was parked. The complainant tried to locate the motorcycle but he could not find it out and on 14.07.2021, the complainant moved an application to SHO, Police Station, City Fazilka to give information regarding his motorcycle and on the application of complainant, Rapat no.027 dated 24.08.2021 was recorded in Police Station, City Fazilka. Complainant lodged a claim and submitted all the requisite documents with the opposite parties on 30.08.2021 but his claim has not been settled till date. Pleading deficiency in service and unfair trade practice on the part of opposite parties, the complainant has prayed for acceptance of the present complaint.
3. The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 29.04.2022, complaint was admitted and notice was ordered to be issued to the opposite parties.
4. Upon notice, the opposite party has appeared and filed written reply to the complaint raising certain preliminary objections interalia to the effect that the present complaint is premature as no intimation of theft has been given to the opposite parties and complainant failed to bring anything on record which shows that intimation was given to the opposite
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parties. Neither the claim has been lodged nor any document has been submitted by the complainant with the opposite parties. The claim raised by complainant is absolutely, false, concocted and self-created one. The present
complaint is false, frivolous and vexatious and the matter can only be adjudicated upon in the Civil Court. The complainant has no locus standi to file the present complaint and the same is groundless, baseless and abuse of process of law.On merits, the preliminary objections have been reiterated and the other allegations of the complaint have been denied with a prayer for dismissal of the present complaint.
5. The complainant along with the present complaint has placed on record affidavit Ex.C-1, Copies of, RC Ex C-2, Insurance Policy Ex. C-3, application dated 14.07.2021 Ex C-4 and Rapat Ex C-5. Opposite parties along with their written statement have placed on record affidavit of Sh. Saurav Khullar as Ex OP-1 and closed evidence.
6. We have heard the learned counsel for the parties and have also carefully gone through the record. The learned counsel for complainant and opposite parties have argued on the same lines as per their respective pleadings.
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7. The main plea put forward and argued by the Ld. counsel for the opposite parties is that the present complaint is premature as no intimation of theft has been given to the opposite parties and complainant failed to bring anything on record which shows that intimation was given to the opposite parties and neither the claim has been lodged nor any document has been submitted by the complainant with the opposite parties.
Perusal of the file reveals that the complainant has not placed on record any documentary evidence to prove that any claim along with requisite documents has been lodged by the complainant with the opposite parties.
8. In view of what has been discussed above, the present complaint stands disposed off being premature with a direction to the complainant to lodge the claim with the opposite parties along with the requisite documents. And on receipt thereof, the opposite parties will decide the admissibility of the claim of the complainant within a period of 45 days including demand of additional documents, if any. It is made clear that the claim along with requisite documents shall be lodged by the complainant with the dealing office of Insurance Company at Fazilka or nearest to Fazilka against proper receipt who shall immediately forward the claim of the complainant to the
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O.P. No.1 & 2 Insurance Company. In case, the admissibility of the claim is not decided within the stipulated period of 45 days, then opposite parties shall be liable to pay to the complainant Rs.300/- per day for the period of delay. If the complainant is dissatisfied with the decision taken by the Insurance company, the complainant shall be at liberty to file a fresh complaint on the same cause of action. The present complaint is disposed off accordingly. Copies of order be supplied to the parties free of costs under the rules. File be consigned to the record room.
ANNOUNCED IN THE OPEN COMMISSION:
24th Day of June, 2024
(Vishal Arora) President
(Raghbir Singh Sukhija)
Member
(Tajinder Kaur )
Member
