Orissa

Jharsuguda

CC/128/2017

Sri, Ramesh Kumar Tripathy S/O- Anirudha Tripathy - Complainant(s)

Versus

Branch Manager, ICICI Lombard. Insurance Ltd. - Opp.Party(s)

P.R. Singh Deo

27 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.128 OF 2017

 

           Ramesh Kumar Tripathy,

S/o: Anirudha Tripathy,

RO/At/PO-Bandhabahal, PS: Banharpali,                                                                                                                                                                                Dist: Jharsuguda……………………………………………………………………………….Complainant.

 

                                                    Versus

Branch Manager,

ICICI Lombard Gen. Insurance Ltd.,Jharsuguda Branch,

Mishra Complex, Kalimandir Road ,Jharsuguda,

Dist.: Jharsuguda, Odisha……………………………………………………………………Opp. Party.

 

Counsel for the parties.

            For the Complainant                             : P.R.Singhdeo, Adv. & Associates.

            For the Opposite Party                         : B.N.Dutta,Adv.

 

                                                                                          Date of Order: 27.08.2018

Present

                 1. Shri Sundar Lal Behera, President.

                                                                                         2. Shri Santosh Kumar Ojha, Member.

                                                                                         3. Smt. Anamika Nanda,Member(W).

 

SHRI SUNDARLAL BEHERA, PRESIDENT: Brief facts of this case are that the Complainant, being the owner of a vehicle bearing regd. No. OD 23-9287 insured his vehicle with the O.P/Insurance Company for a period from dtd.08.04.2016 to dt.07.04.2017 for vehicle IDV of Rs.4,06,070/- during the currency of insured period on dt.13.03.2017, his insured vehicle met with an vehicular accident causing severe damage.  It is the say of the complainant that after the occurrence of accident of the vehicle, a claim was lodged with the    O.P/Insurance Company after observed require formalities for settlement of his insurance claim. The complainant claim to have submitted all the relevant documents as and when required by the O.P/Insurance company and also claim to had submitted the bills and vouchers towards repairing of the damaged vehicle duly obtained from OSL AutoCar(P)Ltd., Sambalpur and from others as per the instruction of the officer of the O.P/Insurance Company Mr. Sajid.  The complainant’s allegation is that after submission of the documents asked for in the letter dt.18.04.2017 and dt.05.05.2017 the complainant though had submitted all the documents  required but the O.P/Insurance Company arbitrarily closed his claim file on the ground of non-submission of relevant documents is nothing but deficiency in service on the part of O.P/Insurance Company.  The O.P/Insurance company has contested this case has filed its written version, did not dispute the factum of issuance of the policy along with lodging of the claim by the complainant.  The O.P/Insurance Company states that after lodging the claim, the complainant failed to produced the documents i.e. claim form duly filled up and signed by the insured, estimate and other vehicular documents in connection to the vehicle repeatedly by sending letters and reminders and due to non-availability of any document require by it for settlement of the claim, it has closed the claim file as “No claim”.  Hence it denied to have any deficiency in service on its parts and prayed for dismissal of the complaint.

On perusal of the complaint petition, written version including the copies of documents made available by both the parties on contest except copies of several estimates and some money receipts containing required parts with costs to be incurred towards expenditure for repairing of the vehicle and numbers of documents have been placed on, behalf of O.P/Insurance company in support of its written version only, observation sheet and one letter dt.14.08.2017 are filed.  It is to be noted that the Dist. Fora is required evidence mainly documentary evidence in support of claim of the parties basing on which the consumer complaint are to be decided in a summery procedure.  In this case dispute raised in between the parties relating to submission of required documents asked for by the O.P/Insurance Company for settlement of insurance claim.  When the O.P/Insurance Company denied to have receipt any document required for settlement of the claim the complainant claim to have supplied all the documents.  In order to evaluate the truth as to whether the complainant has ever submitted the documents required for settlement of the claim, in the event of denied plea of the O.P/Insurance company are found no documentary evidence in support of the claim of the complainant particularly in regard to submission of those documents required for by the O.P/Insurance company the settlement of the claim.  Even the complainant could not established to the fact that he has submitted required claim form duly signed by the complainant before the O.P/Insurance company.  In this situation, non- the less the claim file has been closed due to non-submission of required documents it can be reopened on availability of those documents with the O.P/Insurance Company. The O.P/Insurance Company has not rejected/repudiated the claim of the complainant. It is not stated by the O.P/Insurance Company that the complainant is not entitled to get his claim. 

Therefore, in our opinion, the complainant has provide the documents required for, for settlement of his claim to the O.P/Insurance Company.

ORDER

The complainant is directed to supply the claim form, duly fill-up and signed by the insured along with all the required documents asked for by the O.P/Insurance company in this letter within 7(seven) days and the O.P/Insurance company is also directed to settled the claim of the complainant within 4 (four) weeks from the date of receipts those documents required for settlement of the claim of the complainant.

Accordingly the C.C.Case is disposed of.

The order is pronounced in the open forum on this day of 27^th August, 2018 under the signature and seal of the forum. Free copy of order be communicate to the parties as per Rule.

               I Agree.                                      I Agree.

 

    S.K.Ojha,Member        A.Nanda,Member(w)        S.L.Behera,President

                                         Typed to my dictation and corrected by me.

 

                                                       S.L.Behera, President.