Haryana

Yamunanagar

CC/434/2023

Deepa Devi W/o Gulshan Kumar - Complainant(s)

Versus

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

Jitender Rana

24 Nov 2023

ORDER

CC No. 434 of 2023

Deepa Devi Vs. HDFC

 

Present:    Sh. Jitender Rana, Adv. for the complainant.

 

               Complaint presented before the registry of this Commission on 22.11.2023 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.

                Counsel for the complainant attached documents Ex.C-1 to Ex. C-15 with the complaint.

                Heard. This is the complaint under Section 35 of the Consumer Protection Act, 2019. Brief facts of the case are Gulshan Kumar s/o Randhir Singh, got insured tractor vide insurance policy Ex.C2 and paid premium, qua, PA Cover, in the sum of Rs.325/-. Unfortunately, insured cum driver of the tractor scummed to the injuries, suffered, while driving the insured tractor on 7.11.2022 and after his death, complainant being the widow of insured, lodged the claim with the opponent and the insurance company vide its letter dated 30.12.2022, raised the certain queries and demand of documents which admittedly, have not been supplied to the opponent. It mean, claim of the complainant, under the policy Ex.C2, neither repudiated nor accepted and complaint of the complainant against the respondent at this stage is pre-mature and is liable to be dismissed. However, in order to maintain the balance, if appropriate direction are given to both the parties, to perform their part of obligations in time bound manner for the purpose of settlement of claim under the policy, it will suffice the purpose and ends of justice will meet and at the stage, no notice is required to the opponent, to affort opportunity of hearing, because, no adverse order is being passed against it, at this stage.

                Hence, due to reasons stated hereinbefore, complaint is rejected and the complainant will try to furnish the information sought in letter dated 31.12.2022 from the opponent, within 20 days from today and on receipt of requisite information from the complainant party, will decide the claim of the complainant party under the policy Ex.C2, within the period of one month by passing speaking order. Thereafter, if the claim of the complainant is not settled, in either way, or it is repudiated or partly accepted, then, complainant will be at liberty to file a fresh complaint before this Commission and in a fresh complaint, complainant will disclose the particulars of this complaint and its fate and will attach the copy of this order.

             Certified copy of this order be supplied to the complainant, free of cost and another ceritified copy of this order be communicated immediately, to the Branch Manager of the respondent No.1 by the office of this Commission, as well as by the complainant. File be consigned to the records.

 

                                                                                                            President,

                                                                                                            DCDRC, YNR,

L.Member                                          Member                                 24.11.2023.

 

Typed by: Aarti.

 

 

CC No. 390