Punjab

Moga

EA/17/20

Baljeet Kumar - Complainant(s)

Versus

HDFC ERGO General Insurance Company Ltd. - Opp.Party(s)

Sh N.K. Palta

12 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                         E.A. No. 20 of 2017 

                                                                                        Instituted On: 03.10.2017 

   Decided On: 12.02.2018

 

 

Baljeet Kumar son of Satpal, resident of Zira Road, Street no.4, Dashmesh Nagar, near Petrol Pump, V. Kot Ise Khan, District Moga.

……. ….  Applicant

 

 

Versus

HDFC Ergo General Insurance Co. Ltd. 5^th floor, Tower 1, Steller IT Park, C-225 Sector 62, Noida, through its Chief Manager.

 

                                                                       ………….. Respondent

 

 

Application under Section 25 of the

Consumer Protection Act, 1986.

                                                         

                                     

Coram:      Smt. Vinod Bala, Presiding Member

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Navin Kumar Palta, Adv. Cl. for applicant/DH.                                 

                   Sh. Ajay Gualti, Adv. Cl. for respondent/JD.

 

 

ORDER

(Per Smt. Vinod Bala, Presiding Member)

The present Execution Application has been filed by applicant under Section 25 of the Consumer Protection Act, 1986 (herein after referred to as the Act) against the respondent for the enforcement of the order 12.07.2017 passed by this Forum in complaint no.18 of 2017 titled as Baljeet Kumar Vs HDFC Ergo General Insurance Company Ltd.

2.                Vide order dated 12.07.2017 passed by this Forum in complaint no.18 of 2017 titled as Baljeet Kumar Vs HDFC Ergo General Insurance Company Ltd, this Forum had allowed the complaint, operative part of the said order is reproduced as under :-

“In view of the above discussion, the present complaint stands allowed and opposite party is directed to pay Rs.1,88,620/- i.e. claim amount to complainant with interest @ 9% per annum from 08.02.2017 i.e. from the filing of present complaint till final realization. Further opposite party is directed to pay Rs.5000/-(five thousand only) as compensation on account of mental tension, harassment and agony suffered by the complainant and Rs.3000/-(three thousand only) as litigation expenses to the complainant.

2.                Upon notice of this Execution Application, respondent appeared before this Forum on 8.11.2017 and sought for adjournment for compliance of order. Accordingly the case was adjourned for compliance of the order for 22.11.2017, thereafter on request again case was adjourned for 22.11.2017, 29.11.2017, 6.12.2017 and 13.12.2017. On dated 13.12.2017, none was appeared on behalf of the respondent. As such, the presence of the respondent was ordered to be procured through bailable warrants of Rs.5000/-. Thereafter on 10.01.2018 Sh. Ajay Gulati, Advocate Counsel for respondent again appeared and filed objections to the execution application stating that the execution application is not maintainable. The opposite party insurance company required original documents in order to comply with the order of this Forum. The complainant in his original complaint filed before this Forum had produced photocopies of original documents. If he is not able to produce the same in original, then this means that he would have applied the reimbursement claim from any other insurance company. As per insurance law when the insured posses two insurance policies from different companies then he has the liberty to file his claim in one of the insurance company, but he cannot claim in both the companies. Thus, in order to make sure that he has not claimed the same claim from other insurance company, the original documents are required. Moreover, as per section 10 (g) of terms and conditions of the insurance policy, the original documents have to be tendered. Inspite of letter dated 23.08.2017 upon the complainant, he has failed to produce the original documents/original bills etc. as required and prayed that complainant may be directed to produce original documents/bills etc. enabling the opposite party to process the claim.

                   Reply to the objections was filed by the applicant/DH stating that application is not maintainable. On merits submitted that application is false, frivolous and baseless and has been filed only to delay the proceedings. The applicant filed the case against the opposite party before this Forum and the opposite party has not duly complied with the order of this Forum. Moreover, the application has filed the present execution on the basis of the order passed by this Forum. The opposite party has not complied with the order of this Forum due to which the applicant was compelled to file the execution application. Moreover this Forum has not issued any direction to the complainant to produce any document and prayed that objections may be dismissed with costs.

                   We have thoroughly gone through the file and objections filed by respondent/JD. The perusal of the order passed by this Forum in complaint no.18 of 2017, operative part of which is reproduced above, reveals that no any order regarding production of original documents by the complainant is passed, rather opposite party was directed to pay the claim of Rs.1,88,620/- with interest @ 9% per annum from the filing of present complaint till final realization alongwith compensation and litigation to complainant.  So, the demand of respondent/JD for original documents is appears to be in-genuine. We do not find any merits in these objections and the same are hereby dismissed. The present execution application also stands disposed of with a direction to opposite party/JD to make compliance of the order, as per the order dated 12.07.2017 passed by this Forum in complaint no.18 of 2017. File be consigned to record room.

Announced in Open Forum.

Dated: 12.02.2018.

 

                                       (Bhupinder Kaur)                             (Vinod Bala)

                                          Member                                     Presiding Member