Manager, Indusind Bank, opposite Aroma Hospital, Dabwali Distt. Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI VINOD JAIN…………………PRESIDENT
SMT.GURPREET KAUR GILL……MEMBER.
Present: Sh.A.K.Gupta Advocate for the complainant.
Opposite party no.1 already exparte vide order dated 29.9.2012.
Sh.H.S.Raghav, Advocate for opposite party no.2
ORDER
Complainant Vijay Kumar, is registered owner of Truck Tralla no.HR-57/3380. It was duly insured with MS General Insurance Company i.e. with opposite party no.1, for the period from 20.4.2011 to 19.4.2012, for insured amount of Rs.3,00,000/-. During the period of insurance, on 8.9.2011, it met with an accident at Moga in Punjab, when it was being driven by Sh.Vinod Kumar, having his special power of attorney. For this accident FIR was registered under Sections 304A/279/337/338 of IPC. Later on, the truck was released to the complainant on superdari on 13.9.2011 under the order of learned Ilaqa Magistrate. The complainant filed his claim for Rs. 3,00,000/- with the insurance company, but it was not settled, despite his repeated requests and despite his legal notices dated 31.3.2012 and 28.4.2012; hence, this complaint, for a direction to the insurance company, to pay insured amount of Rs.3,00,000/-, with upto date interest, besides damages for his harassment, humiliation, mental tension etc. and for litigation expenses.
2. Opposite party no.1 was duly proceeded against exparte vide order dated 29.9.2012.
3. Manager of Indusind Bank i.e. opposite party no.2, has un-necessary been impleaded in this complaint by the complainant, as he has nothing to do, with the claim of the complainant or for any deficiency of service on his part. The truck tralla was only financed by opposite party no.2 and admittedly, whole of the loan amount has already been paid by the complainant and NOC was also received on 23.1.2013 by the complainant from opposite party no. 2.
4. In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2-copy of FIR; Ex.C3-copy of order of learned Ilaqa Magistrate, for giving the truck tralla on superdari to him; Ex.C4-copy of registration certificate; Ex.C5-copy of insurance policy; Ex.C6-copy of fitness certificate; Ex.C7-copy of authorization certificate of N.P. (goods), issued by the Transport department, Haryana, to the complainant; Ex.C8-copy of National Permit receipt; Ex.C9-copy of driving licence; Ex.C10 and Ex.C11-copies of legal notices dated 28.4.2012 and 31.3.2012 respectively; Ex.C12 to Ex.C14-its postal receipts and Ex.C15 and Ex.C16-its acknowledgments.
5. There is no reason to dis-believe or to dis-credit aforesaid pleaded case of the complainant, which gets full support and corroboration, not only from his own supporting affidavit Ex.C1, but also from aforesaid documentary evidence, Even, legal notices of the complainant, had remained un-replied. The opposite parties no.1 has also opted for being proceeded exparte. It is thus, proved that insurance claim of the complainant, was not settled by the insurance company, despite legal notice. It is nothing, but gross deficiency of service on the part of the insurance company.
6. Resultantly, this complaint is hereby allowed, with a direction to opposite party no.1 to pay insured amount of Rs.3,00,000/- to the complainant, with interest @ 9% per annum, from the date of accident dated 8.9.2011, till payment. Complainant is also hereby awarded compensation of Rs.10,000/- for his harassment, mental agony, humiliation etc. and litigation expenses of Rs.2200/- against opposite party no.1.
Announced in open Forum. President,
Dated:26.5.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Vijay Kumar Vs. Cholamandlam
Present: Sh.A.K.Gupta Advocate for the complainant.
Opposite party no.1 already exparte vide order dated 29.9.2012.
Sh.H.S.Raghav, Advocate for opposite party no.2.
Arguments heard. For order, to come up on 26.5.2015.
Dated:15.5.2015. Member. President,
DCDRF,Sirsa.
Present: Sh.A.K.Gupta Advocate for the complainant.
Opposite party no.1 already exparte vide order dated 29.9.2012.
Sh.H.S.Raghav, Advocate for opposite party no.2
Order announced. Vide separate order of even date, complaint has been
allowed with costs. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated:26.5.2015. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
