CC No.258 of 2024.
Amrita Vs. Future Generali India.
Present: Sh. Vikash Dhiman, Adv. for the complainant.
Complaint presented before the registry of this Commission on 19.07.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.
Complainant attached the documents Ex.C1 to Ex.C7 with the complaint.
Heard. The OD claim arising from the insurance policy Ex.C2 bearing insurance policy No.132/02/01/1124/MTP/3210008023 by the opponent has yet not been decided in either way, despite the receipt of claim papers from the complainant on 01.05.2024 released by the opponent, fact is reflected from SMS Ex.C5. The death of the owner-cum-driver had taken place on 15.04.2024. Sometime investigation by the insurance company requires time, because every case has its own peculiarity of facts. On the face of it, the complaint is pre-mature and is liable to be dismissed. However, in case, in order to maintain the balance, if appropriate directions are given to the opponent to settle the claim of the complainant in time bound manner, it will not going to cause any sort of prejudice to the opponent, and it will suffice the purpose. At this stage, no notice is required to the opponent affording an opportunity, of being heard, because no adverse order, at this stage, is being passed against the opponent.
Hence, due to the reason stated hereinbefore, without touching to the merits of the case, the complaint is dismissed, at this stage, it being pre-mature, with the direction to the opponent to decide the claim case of the complainant arising out of the policy Ex.C2, in either way as per its own wisdom, within the period of two months from the date of receipt of certified copy of this order and in case, if the claim case of the complainant is not settled by the opponent within stipulated period as ordered hereinbefore or if it is settled in either way allowed or partly allowed or repudiated and the complainant is not satisfied with the decision of the opponent, then the complainant will be at liberty to file afresh complaint against the opponent before this Commission and in the fresh complaint, the complainant will disclose the particulars of this case and its fate and will attach certified copy of this order. In case, during the stipulated period, the opponent requires any documents from the complainant, then the opponent will sent written communication to the complainant as per her address disclosed in the complaint.
Certified copy of this order be supplied to the complainant, free of costs and she will deliver the same upon the opponent either by hand or through registered post, or through email in the form of PDF, at her own responsibility. File be consigned to the records.
President
L. Member Member DCDRC, YNR,
24.07.2024.
Typed by: Jitender Sharma, Steno-typist