Haryana

Karnal

784/2009

Pardeep Sharma S/o Jai Kumar - Complainant(s)

Versus

Chollamandlam MS General Insurance Company Ltd - Opp.Party(s)

Sandeep Chauhan

26 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM KARNAL.

 

                                                          Complaint No.784 of 2009

                                                          Date of instt.27.11.2009

                                                          Date of decision:25.03.2015

 

Pardeep Sharma son of Sh.Jai Kumar resident of village and P.O.Jamalpur tehsil Gharaunda District Karnal.

                                                                  ……..Complainant.

                   Vs.

 

Chola Mandlam MS General Insurance Co.Ltd.Branch office at Sector 12, Karnal through its Divisional Manager.

                                                                  …..Opposite Party.

 

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

 

Before        Sh.Subhash Goyal……..President.

                   Smt.Shashi Sharma……Member.

 

Present:-    Sh.Sandeep Chauhan Advocate for the complainant.

                   Sh.Rohit Gupta Advocate for the OP.

ORDER

                   The complainant has filed the present complaint u/s 12 of the Consumer Protection Act on the allegations that shop of the Mobiles of the complainant was insured with the OP vide insurance policy bearing NO. SSO-007001-000-00 dated 30.1.2008.  It has been further alleged that on the night of 2/3.11.2008 some unknown person  stolen away old and new mobiles alongwith accessories from the shop of the  by breaking open the door and the complainant reported the matter to the police on the basis of which  FIR  No.366 dated 3.11.2008 was registered with the P.S.Gharaunda. The complainant informed the Ops and lodged claim by submitting all the relevant documents but the claim of the complainant has not been paid which amounts to deficiency in services on the part of the OP. The complainant has also tendered his affidavit in support of the averments made in the complaint alongwith some other documents which would be discussed at the relevant stages.

2.                 On notice, issuance of the claim and loss to the complainant has not been denied  by the OP but with the exception that on intimation the loss of the complainant was got assessed by the surveyor vide his report dated 16.8.2009  and the surveyor has assessed the claim to the tune of Rs.28,000/- subject to the terms and conditions of the policy and the claim was not found  payable because of non maintaining of proper accounting, claim documentation and police records which unabled the company to ascertain the nature and extent of loss. Thus, it was contended that there was no deficiency in services on the part of the OP and dismissal of the complaint has been sought.

3.                 We have heard the learned counsel for the parties and have gone through the case file very carefully.

4.                 Therefore, after going through the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant has filed the present complaint against the OP alleging deficiency in services on the  ground that the complainant   got insured his shop of mobiles with the OP  on 30.1.2008 vide insurance policy Ex.C2 and some unknown person had stolen old and new mobiles after breaking open the door  and the complainant reported the matter to the Police on the basis of which FIR Ex.C3 was recorded. The complainant deposited the required documents to the OP but in vain. The complainant has alleged that he was entitled to a sum of Rs.52002/- alongwith compensation  on account of harassment etc.

                    However, as per the case of the OP the complainant doesnot fall within the definition of Consumer   and the District Consumer Forum at Karnal has got no territorial jurisdiction to entertain and to try the present complaint as the claim has been repudiated at Chandigarh.

5.                 However, the OP has admitted that the Surveyor had assessed the loss to the tune of Rs.28000/- vide surveyor report dated 16.8.2009 but the complainant did not agree  for the same. Therefore, after going through the evidence and circumstances of the case, it emerges that there is no dispute that the complainant got his shop of mobiles insured with the OP vide insurance policy Ex.C2 and during the subsistence of the said insurance policy, a theft took place in the said shop regarding which FIR  Ex.C3 was got recorded by the complainant. The complainant reported the OP and the OP appointed surveyor who submitted his report dated 16.08.2008 and assessed the loss to the tune of Rs.28000/- However, the complainant has assessed the loss to the tune of Rs.52002 but there is no cogent evidence  on the file in order to infer the loss to the extent as alleged by the complainant. However, the Surveyor has assessed the loss to the tune of Rs.28000/-. There is no reason to disbelieve the report of surveyor. Therefore, in view of the report of Surveyor to the tune of Rs.28000/- we hold that the complainant had suffered the  loss to the tune of Rs.28000/- and this amount was not paid by the OP to the complainant and as such  it has to be held that there was deficiency in services on the part of the OP.

6.                Therefore, as a sequel to our above discussion, we accept the present complaint and direct the OP to make the payment of Rs.28000/- to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 27.11.2009 till its actual realization. The complainant shall also be entitled for a sum of Rs.5000/- for the harassment caused to him and a sum of Rs.2200/- towards legal fee and litigation expenses. The OP shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 25.03.2015                                                                           

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

 

Present:-       Sh.Sandeep Chauhan Advocate for the complainant.

                   Sh.Rohit Gupta Advocate for the OP.

 

                   Arguments in part heard. For remaining arguments, the case is adjourned to 25.3.3015.

 

Announced
dated: 24.03.2015                                                                           

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

         

Present:-       Sh.Sandeep Chauhan Advocate for the complainant.

                   Sh.Rohit Gupta Advocate for the OP.

 

                   Remaining arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 25.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

                   Member.