Haryana

Karnal

CC/321/2017

Ram Mehar - Complainant(s)

Versus

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

Surjeet Singh

01 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                      Complaint No.321 of 2017

                                                      Date of instt. 26.09.2017

                                                      Date of decision 01.05.2018

 

Ram Mehar son of Rakam Singh resident of Arjun Nagar, Kabri Road, Panipat Mobile no.7783971000.

…….Complainant.

                                                Versus              

 

HDFC ERGO General Insurance Company Ltd. 2^nd floor, SCO no.237, Sector-12, Karnal, Haryana through its Branch Manager.

                                                                        …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.          

 

Before    Sh. Jagmal Singh……President.

      Sh. Anil Sharma………Member

               

 

 Present   Complainant in person alongwith Sh. Surjit Singh Adv.

                  Shri Sanjeev Vohra  Advocate for OP.

                                     

ORDER:   

                

                (JAGMAL SINGH, RPESIDENT)

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant got insured his trucl bearing registration no.HR-45A-5160 from the OP, vide policy no.2315200959620801000, valid from 17.12.2015 to 16.12.2015 and the IDV value of the vehicle was Rs.9,00,000/-. On 18/19.08.2016 the abovesaid vehicle was stolen from refinery by-pass road in front of the house of Rampal. Complainant lodged an FIR no.542 dated 19.8.2016 in that regard in Police Station Model Town, Panipat.  The complainant gave intimation to the OP in that regard also and completed all the formalities. Complainant visited the office of OP so many times and requested to release his genuine claim but in vain. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written statement stating therein that complainant had failed to provide the detail/document for claim settlement. Since the vehicle in question is financed and as per terms and conditions of the policy, the entire amount of the IDV cannot release in favour of complainant. As per loan account statement a sum of Rs.5,17,310 is due against the complainant on loan account. The complainant had failed to submit the NOC and Form 35 from the financer. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             At the stage of evidence the parties have compromised the matter. The learned counsel for OP made a statement that the complainant has given to the insurance company the NOC and form no.35 of the vehicle no.HR45-A-5160 from HDB finance service Ltd. Now the company is ready to  pay to the complainant Rs.8,98,500/- towards the claim of the complainant within 30 days as full and final settlement. After going through the above statement of learned counsel for OP, the complainant made a statement that he is agree with the above statement and ready to take Rs.8,98,500/- as full and final settlement within 30 days. He further made statement that if the insurance company failed to give the amount within 30 days then interest may be awarded on the abovesaid amount.

4.             In view of the statement of both the parties, the present complaint is disposed off accordingly. However, it is made clear that if the OP failed to make the payment of abovesaid amount within 30 days from today then the complainant is entitled for interest @ 8% per annum on the said amount from the date of order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:01.05.2018                                        President

                                                         District Consumer Disputes

                                                         Redressal Forum, Karnal.

 

 

   (Anil Sharma)

                        Member