Orissa

Jharsuguda

CC/30/2014

S.K. Sirajul Haque, S/O- S.K.Nurul Haque, Jharsuguda - Complainant(s)

Versus

Branch Manager, National Insurance Co. Ltd, Jharsuguda Branch - Opp.Party(s)

D.k.jain

18 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 30 OF 2014

 

Sk. Sirajul Haque (56 Year)

S/O: Sk. Nurul Haque,

R/O: Mangal Bazar,

PO/PS/Dist: Jharsuguda, Odisha………………………..………………………. Complainant.

     

                                           Versus

Branch Manager,

National Insurance Co. Ltd., Jharsuguda Branch,

AT/PO-Kalimandir Road, Opp. Petrol Pump,

PS/Dist:-Jharsuguda- 768 202, Odisha.........…………..................................... Opp. Party.

 

Counsel for the Parties:-

For the Complainant                      Shri D.K.Jain, Adv. & Associates

For the Opp. Party                         Smt.B.Mundra, Advocate.

 

Date of Order: 18.02.2015

 

Present  

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Sr. Member.

                                            3. Smt. A. Nanda, Member.

 

Shri S. K. Ojha, Sr. Member: - This is the case filed by the complainant against the Opposite Party for non-settlement of insurance claim of his vehicle. As the brief facts of the complainant’s case is that, the complainant, by being a registered owner of one Mahindra Bolero SLX vehicle bearing Regn. No. OR-23D-0911 being financed by the United Bank of India Jharsuguda Branch and insured with the present O.P vide Insurance policy No. 163401/31/12/6100007995 valid from 05.03.2013 to 04.03.2014.  The said vehicle was stolen within the period of insurance, the matter was registered in the Jharsuguda Police Station vide FIR No. 189 dtd. 09.06.2013 and reported as FRT vide No.439 dtd. 09.12.2013 U/S-379 IPC.  The complainant lodged an insurance claim of Rs.4,70,000/- only and submitted the required documents to the O.P but till date the claim is yet to be settled.  The O.P asked to submit the duplicate key of the vehicle which was retained by the financier Bank as per rule and was informed to the O.P.  Due to the non-settlement of the insurance claim, the complainant filed this case for proper adjudication of the matter alleging deficiency in service on the part of O.P along with relevant documents.

 

On service of the notice, the O.P appeared and filed his written statement through his counsel. The O.P submitted that, the complainant has not submitted the original second ignition key bearing No.087, rather deposited an another ignition key, which is not matching with the original key No. 087 and further submitted that the financier Bank should be added as a party for proper adjudication of the case and prayed for dismissal of the case.

 

Heard from the parties in length and perused the case record along with the materials available.

 

The fact regarding theft of the vehicle is not disputed by the O.P, so also the O.P has not repudiated the said insurance claim of the complainant, rather the claim has not been settled due to non-submission of the original second ignition key of the vehicle bearing No. 087 by the complainant. The complainant has also submitted that the said second ignition key is not with him and the same should be with the financier.

 

So far as the addition as a party to the financier bank is concerned to bring out the fact of the said original second ignition key, the said financier United Bank of India has stated through his letter bearing No. JRD/UCL/340/2014 dtd. 08.10.2014 that, the said second key is not with him, thus adding him as an additional party would be worthless.

 

As the insurance claim is in the pipeline, which is not yet been settled due to non-submission of the second ignition key of the vehicle bearing No. 087 by the complainant and fact regarding theft of the vehicle is also not disputed by the insurance company. If non-submission of the second key is the only cause / ground for non-settlement of insurance claim then there may be other formalities by maintaining of which, the settlement of insurance claim can be proceeded at the stage neither the complainant nor the financier have kept the said ignition key. And if the second ignition key is in dark, then for this reason only Non-settlement of insurance claim is not justified in the eye of settled principles of law.

 

Hence in the eye of principles of natural justice, we are in the considered opinion to allow the complaint petition with directions to the O.P to settle the insurance claim of the complainant bearing Insurance Policy No. 163401/31/12/6100007995 subject to receiving of Indemnity Bond ( formal / as the format prescribed by the O.P, if any) from the complainant along with pay compensation of Rs.20,000/- ( Rupees twenty thousand) only towards harassment, mental agony including litigation cost within 30(thirty)  days from the date of receipt of this order, failing which the O.P shall be liable for interest @ 10% per annum on the above mentioned awarded amounts including claim settlement amount till  its realization.

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 18^th   day of February, 2015, copy of this order shall be communicated to the parties as per Rule.

 

       I Agree.                                        I Agree.

                                                                                                          

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

 

          Dictated and corrected by me.

 

       S. K. Ojha, Sr. Member.