Madhya Pradesh

StateCommission

A/15/266

SHYAMLAL SAKET - Complainant(s)

Versus

CHOLAMANDALAM CC REGIONAL TRANSPORT - Opp.Party(s)

13 Aug 2015

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                            FIRST APPEAL NO. 266/2015

(Arising out of order dated 28.02.2015 passed in C.C. No. 27/2014 by the District Forum, Rewa)  

 

SHYAMLAL SAKET.                                                                  …            APPELLANT.

 

Versus

 

CHOLAMANDLAM C.C. REGIONAL TRANSPORT

INSURANCE COMPANY LIMITED, REWA & ANR.               …         RESPONDENTS

 

BEFORE:

 

                  HON’BLE SHRI SUBHASH JAIN      :      PRESIDING MEMBER

                  HON’BLE SHRI S. D. AGRAWAL     :      MEMBER

 

                                                O R D E R

13.08.2015

 

          Shri Anurag Dwivedi, learned counsel for the appellant.

          Heard on admission.

           

As per Shri Subhash Jain : 

                      This is an appeal filed by the complainant against the order dated 28.02.2015 passed in C.C.No. 27/2014 by the District Forum, Indore whereby his complaint has been dismissed.

2.                     The facts of the case in short that a vehicle belongs to the complainant/appellant bearing registration no. MP-17 R-0903 was insured with the respondent insurance company for the period 15.09.2009 to 14.09.2010 met with an accident on 04.08.2010.  When the claim made by him was not decided by the respondent, the appellant filed a complaint no. 495/2010 before the District Forum, Rewa which was decided by the Forum vide order dated 12.02.2013 with a direction to respondent insurance company to decide the claim of the appellant within a period of two months.  Thereafter the appellant had filed a fresh complaint on 21.01.2014 regarding the same vehicle alleging that the respondent insurance company has not decided his claim even after the earlier order of the District Forum.  He claimed a compensation of Rs.4,10,000/-.  The second complaint was dismissed by the District Forum vide impugned order dated 28.02.2015 placing reliance on the decision of the National Commission in Smt. Indu Kalra & Ors Vs M/S Arpic Resorts Ltd & Ors. 2013(1) CPR 53 (NC) holding the complaint is pre-mature.  Being aggrieved with the impugned order the appellant has filed the present appeal.                                                      

3.                     After hearing learned counsel for the appellant and on going through the record we find that after the order dated 12.02.2013, the appellant never approached to the respondent insurance company for settlement of his claim nor has completed formalities by submitting estimate, bill and other documents.  The complainant has also not filed any affidavit or has stated in his complaint that even after his all efforts and after submitting all the documents and completing all the formalities the respondent insurance company has not considered his claim.  There is nothing on record to show that even after completing all formalities the insurance company not considered his claim.  In such a situation, the respondent insurance company cannot be hold guilty of deficiency in service.  If the insurance company could have repudiated his claim, then only he is entitled to file a complaint.  The District Forum has rightly dismissed his complaint holding that no relief can be granted in a premature complaint.

4.                     In the result, we do not any illegality or perversity in the order passed by the District Forum and any substance in this appeal.  The appeal is dismissed the same summarily at the admission stage.

 

                  (Subhash Jain)                                 (S.D.Agrawal)  

                Presiding Member                                   Member