Complaint No: 31 of 2020.
Date of Institution: 05.02.2020.
Date of order: 08.01.2024.
Suleman son of Darshan Masih R/o Village Krishna Nagar, P.O. Gazikot, Tehsil and District Gurdaspur.
…........Complainant.
VERSUS
The Branch Manager Oriental Insurance Company Ltd. Gurdaspur.
….Opposite party.
Complaint U/s 12 of Consumer Protection Act.
Present: For the Complainant: Sh.Deepak Puri, Advocate.
For the Opposite Party: Sh.H.S.Kahnuwania, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Suleman, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of Consumer Protection Act (here-in-after referred to as 'Act') against the Oriental Insurance Company Ltd. (here-in-after referred to as 'opposite party).
2. Brief facts of the case are that complainant is owner of Tata Magic vehicle bearing registration No.PB-06-AT-7498 which was insured with the opposite party w.e.f. 20.10.2018 to 19.10.2019 and the said vehicle met with an accident on 10.04.2019 and the vehicle was damaged. Intimation was given to the opposite party but none of the employee of the opposite party came for survey of the vehicle. Thereafter, legal notice was served but the opposite party refused to admit the claim of the complainant and the complainant is entitled to receive damages to the tune of Rs.4,87,533/- and failure to pay the amount amounts to deficiency in service on the part of the opposite party.
3. On the other hand opposite party has opposed the present case by filing of their written reply stating therein that the complainant never intimated the opposite party regarding alleged accident. Even the complainant had not lodged any police report and since there was no intimation as such no surveyor was appointed. Accordingly, the complaint is pre-mature and is liable to be dismissed.
4. Ld. counsel for the complainant has placed on record affidavit of complainant Ex.CW-1, copy of policy Ex.C1, legal notice Ex.C2 and postal receipt Ex.C3.
5. Ld. counsel for the opposite party has placed on record affidavit of Harbans Lal Sr. Divisional Manager Ex.OP-1, copy of policy Ex.OP-2 and copy of reply of legal notice Ex.OP-3,
6. Rejoinder filed on behalf of complainant.
7. Written arguments filed on behalf of opposite party but not filed by the complainant.
8. We have heard the Ld. counsels for the parties and gone through the record.
9. Perusal of file shows that although the complainant has taken the plea that intimation was given to the opposite party regarding accident but perusal of file further shows that complainant has failed to place on record any intimation letter to prove this fact that the complainant had given intimation to the opposite party with complete details. We are of the view that there is only copy of legal notice dated 22.10.2019 which has been issued after six months of the accident and service of legal notice cannot be treated as intimation. Accordingly, we are of the view that at this stage complaint is pre-mature for want of intimation letter to the opposite party.
10. Accordingly, present complaint is disposed off with the following directions:-
i) Complainant is directed to give intimation to the opposite party in proper manner by mentioning the matter, place, time, name of the driver alongwith all the documents within 30 days after receipt of copy of this order.
ii) After receipt of intimation alongwith complete documents from the complainant the opposite party shall settle the claim as per the terms and conditions of the policy within 45 days.
11. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.
12. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Jan. 08, 2024 Member.
*YP*
