PER:

Nidhi Verma Member,

1        The complainant has filed the present complaint under Section 34, 35 and 36 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite party on the allegations that the complainant is owner of one tractor make Swaraj 855 FE bearing its registration No. PB88-2267. The above said tractor was insured with the opposite party vide insurance policy No. D024960117/30102020 dated 30.10.2020 on payment of premium of Rs. 10,108/-. The insurance declared value of the above said tractor is Rs. 6,34,999/-. The above said policy is effective from 31.1.2020 to 30.10.2021. On 21.11.2020, the above said insured tractor was stolen by someone at Patti and the complainant immediately informed the opposite party on mobile Number and also handed over the requisite documents to the company through its agent in the presence of Mehal Singh son of Dyal Singh resident of village Saido, Tehsil Patti, District Tarn Taran and the complainant has also reported the matter to the Police Station City Patti on 24.11.2020 and Rapat No. 032 dated 24.11.2020 was lodged with P.S. City Patti and FIR No. 0266 dated 17.11.2020 was also lodged. The above said theft has been clubbed with FIR No. 266 dated 17.11.2020 vide rapat No.  032 dated 24.11.2020. Now a long time has been passed but the opposite party is putting off the matter under one pretext or the other and has not given the claim of the above said insured tractor to the complainant so far.  Again on 5.7.2021, the complainant has provided the following documents to the opposite party through registered post.

1. Photostat copy of policy
2.  Photostat copy of RC
3. Photostat copy of Rapat Roz Namcha
4. Photostat copy of FIR

But the opposite party has not given any reply to the complainant so far. Now about 8 months have been passed but the opposite party has not given the lawful insurance claim to the complainant. The complainant has prayed that the present complaint may be accepted with costs and the opposite party may be directed:

1. To release the insurance claim of Rs. 6,34,999/- to the complainant
2. To pay Rs. 50,000/- as compensation and damages.
3. To pay Rs.25,000/- as litigation expenses.

Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, affidavit of Mehal Singh Ex. C-2, Self attested copy of Registration Certificate Ex. C-3, Self attested copy of Insurance Policy Ex. C-4, Self attested copy of Rapat Ex. C-5, Self attested copy of FIR Ex. C-6, Self attested copy of letter dated 5.7.2021 to opposite party Ex. C-7, Self attested copy of Postal receipt Ex. C-8

2        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and has filed written version by interalia pleadings that the present complaint is legally not maintainable and liable to be dismissed as the complainant has not lodged the claim with the opposite party till date and has directly filed the complaint with this commission. The complainant has not come to this commission with clean hands and has concealed material facts from this Commission, therefore, the complainant is not entitled for any relief as claimed. The perusal of documents, it reveals that there is break of 10 days in the current policy with previous policy and the complainant neither sent the photographs of the insured vehicle nor get the same pre-inspected inspite of reminders dated 2.11.2020, 3.11.2020 as such on 4.11.2020 the opposite party cancelled the OD claim of the insured vehicle and intimation in this regard was given to the complainant vide e-mail dated 4.11.2020. Therefore, the complainant is not entitled for any claim or compensation as alleged in the complaint. The complainant has violated the terms and conditions of the policy, therefore, he is not entitled for any claim as mentioned in the complaint. The complainant is himself negligent as he has failed to safeguard his vehicle, therefore, indirectly contributed in theft of his vehicle. The terms and conditions of the policy were explained to the complainant at the time of proposing policy and the same was served to the complainant alongwith the policy Schedule. The complainant is estopped by his own act and conduct from filing the present complaint, as the complaint has been filed without any cause of action. The complainant has got no locus standi to file the present complaint.  The complainant has failed to provide pre inspection photos for his vehicle, the opposite party cancelled the own damage cover of insured vehicle. Till date, the complainant has not lodged the alleged theft claim with the opposite party and has directly filed the complaint with this commission. So far as witness is concerned that has been created to made a false ground of providing alleged documents. The opposite party did not receive any document. The complaint of the complainant is premature as till date no claim has been lodged with the opposite party by the complainant and has directly filed the present complaint before this commission and prayed that the present complaint may be dismissed. Alongwith the written version, the opposite party has placed on record affidavit of Omkar Shubhash Utture Ex. OP1, Self attested copy of Authority letter Ex. OP2, Self attested copy of policy Ex. OP3, Self attested copy of terms and conditions Ex. OP4, Self attested copies of e mails dated 2.11.2020, 3.11.2020 and 4.11.2020 Ex. OP5 to Ex. OP7, Self attested copy of proof of payment of OD premium Ex. OP8, Self attested copy of intimation payment of OD premium to the complainant Ex. OP9.

3        We have heard the Ld. counsel for the parties and have carefully gone through the record.

4        In the present case it is not disputed that the complainant is owner of tractor in question.

5        The case of the complainant is that his Tractor was insured with the opposite party and the said Tractor of the complainant was stolen and the opposite party has not released the insurance claim to the complainant regarding the same. On the other hands, the case of the opposite party is that the present complaint is premature. The claim of the complainant was never been lodged with the opposite party. Even the said fact can further be revealed from the file as neither any claim form, nor any repudiation letter has been placed on record by the complainant or opposite party.

6        From the perusal of the file, neither the complainant nor the opposite party has placed on record any document i.e. repudiation letter which reveals that the claim of the complainant has been decided. Infact the claim has not been decided so far and the same is still pending.  Moreover, the opposite party has specifically pleaded in Para No. 6-8 of written version that ‘the complaint of the complainant is premature’. In case Balu Waman Kadam vs. ICICI Lombard General Insurance Co. IV (2013) CPJ 16A (CN) (Mah.), the matter was similar, wherein the Insurance Company was asking the complainant to submit the documents again and again and the complainant was alleging that he had already submitted the requisite documents to the Insurance Company. In such circumstances, the Hon’ble State Consumer Disputes Redressal Commission Maharashtra disposed of the matter, by directing the Insurance Company to reconsider the claim of the complainant within one month on receipt of the required documents from the complainant. 

7        While relying upon the above said authority, the Hon’ble State Commission, Punjab, Chandigarh passed the similar orders in case M/s Trends, through its Proprietor vs The Oriental Insurance Company Limited & Anr. Consumer Complaint No.245 of 2015 decided on 04.08.2017; and M/s Gurbir Rice Mills v. United India Insurance Company Ltd. & Ors. Consumer Complaint No.404 of 2016, decided on 09.10.2017, directing the Insurance Company to reconsider the claim of the complainant after submission of requisite documents by the complainant to it. 

8        In view of our above discussion as well as keeping in view the ratio of above said judgments, we are of the opinion that the ends of justice would be met, if the Insurance Company be directed to decide the claim of the complainant, after the complainant submit all the requisite documents.  However, the opposite party has not mentioned in the written version that which documents are to be submitted by the complainant to the opposite party.

9        In view of the above discussion, the present complaint is disposed of with the following directions

(a)               The opposite party will submit the list of requisite documents to the complainant within 15 days from the date of receipt of copy of this order.

(b)               The complainant will submit the claim with requisite documents to the opposite party -Insurance Company for deciding the claim within a period of further one month and on approaching the complaint for supplying the requisite documents, the opposite party will issue proper receipt acknowledging the same.

(c)               The opposite party shall decide the claim of the complainant within a further period of two months therefrom

In case of failure on the part of the opposite party the claim case of the complainant deemed to have been accepted.  Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this commission and due to COVID -19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

08.05.2024