PER
Sh. Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Section 34, 35 and 36 of the Consumer Protection Act against the opposite parties on the allegations that the complainant is owner of One Motorcycle SPLENDOR + (SELF-DRUM-CAST) make HERO MOTOCORP LTD. bearing its Registration No.PB46-AE-6529 bearing its Chassis No.MBLHAW113LHC55809 and Engine No.HA11EVLHC35777 and the above said new motorcycle had got purchased by the complainant through opposite party No.4 agency. The complainant had got financed the above said motorcycle from the opposite party No.5 and the loan installment is still being deducted from the bank account of the complainant bearing No. 013734001100196 lying in The Amritsar Central Cooperative Bank Limited Branch Khassa, District Amritsar. The opposite party No.4 is authorized agent of insurance company opposite party Nos. 1 & 2 and the opposite party No.4 being authorized agent had got insured the above mentioned motorcycle of the complainant vide Insurance Policy No.3005/48144156/11372/000 valid from 4.6.2021 to 3.6.2025 and issued the copy of policy / cover note on same day. The above said vehicle was insured by the opposite party Nos. 1 & 2 vide policy bearing No. 3005/48144156/11372/000. Hence the opposite parties are jointly and severally liable to pay the damages and compensation to the complainant for any kind of mis-happening, road accident and even in case of theft. Unfortunately on 19.09.2020 the complainant had been coming back after completion of his labour work from village Alman Khurd, Tehsil & District Tarn Taran and going towards his native village Thathgarh, Tehsil & District Tarn Taran and in the way three unknown motorcycle borne / persons muffled face got stopped the complainant and on the pin point of pistol all the three persons had got snatched said motorcycle. At that time the complainant had requested the above said snatchers that he is a poor person and please not to commit such wrongful act, but they didn't pay any heed to it and they extended threat of dire consequences and fled away from the spot on motorcycles. The complainant approached to Shri Shaminderjit Singh, S.H.O. Police Station Jhabal, District Tarn Taran by way of moving written application No.1244-by hand dated 19.09.2020 and MHC Lakhwinder Singh, P.S. Jhabal, District Tarn Taran got lodged rapat dated 24.12.2020 duly signed by Gurdas Singh ASI, P.S. Jhabal, District Tarn Taran by mentioning therein that the offence under section 379-B of IPC is found committed and this matter will also be investigated in already registered similar criminal case FIR No.63 dated 17.03.2020 under section 379-B of IPC, P.S. Jhabal, District Tarn Taran. The complainant made his level best to trace out his above said motorcycle / vehicle, but the same is not traced out inspite of his best efforts and thereafter the complainant reported the matter to the opposite party No.4 i.e. Manager, Harpreet Automobile, Jhabal Road, Near Amritsar Bye Pass, Tarn Taran, Tehsil & District Tarn Taran regarding the theft of his above said vehicle/motorcycle and the opposite party No.4 stated to the complainant that he has to bring non traceable report from the Court/police. On this, the complainant reported the matter to the police station concerned i.e. Police Station Jhabal District Tarn Taran and on the application of complainant investigation was conducted regarding the theft of Vehicle/ motorcycle of the complainant by the S.H.O Police Station Jhabal, District Tarn Taran vide Rapat dated 24.12.2020. Under Section 379-B IPC P.S. City Jhabal against unknown persons. Thereafter, the complainant waited for the decision of the court/ police and then after few months when the complainant got the report from the court, the complainant again requested to opposite party No. 4 i.e. (vehicle Dealer) to get his claim, but the opposite party No. 4 did not bother to pay any heed to the genuine request of the complainant. On this the complainant reported this matter to their seniors and due to the investigation of their Seniors the complainant finally successful in getting the number of claim i.e. MOT10244979 dated 22.9.2020. After entering the above said rapat, the police of P.S. Jhabal, District Tarn Taran also made further enquiry report and issued untraceable report of the above said vehicle/ motorcycle of the complainant and the same was given to the complainant on 26.9.2022 under the seal and signature of MHC of P.S. Jhabal, District Tarn Taran. Thereafter the surveyor of opposite parties No. 1 to 3 asked the complainant to handover all the original/ relevant documents pertaining to the above said insured motorcycle/ Vehicle of the complainant and on this the complainant handed over all the original/ relevant documents pertaining to the above said insured motorcycle/ vehicle to said surveyor and he also made local enquiry regarding the theft of above said motorcycle / vehicle of the complainant and on completion of enquiry he assured the complainant that he will get his insurance claim within short span of time i.e. one month. Since the theft of above said insured vehicle/ motorcycle of the complainant, the complainant made several requests to opposite party for grant/ release insurance claim of the above said motorcycle / vehicle to the complainant and also presented all the requisite papers including the untraced report made by the police time to time but inspite of this opposite parties did not pay any heed to it and no action has so far been taken by opposite parties and has purely failed to give the insurance claim to the complainant. The above said acts committed by the opposite parties No. 1 to 3 falls within the ambit of deficiency in service. He has asked the opposite parties several times to grant/ release the insurance claim of his above said motorcycle/ vehicle in favour of the complainant, but the opposite parties are putting off the matter under one pretext or the other and by doing this opposite parties have harassed the complainant unnecessarily and opposite parties No. 1 to 3 neither grant / release the insurance claim amount to the complainant regarding the theft of above said insured vehicle/ motorcycle till date nor opposite parties intimated/informed regarding the present status of insurance claim to the complainant and opposite parties No. 1 and 2 are lingering on the matter under one pretext or the other for which the opposite parties have got no right to do so. The complainant has prayed that the opposite parties may be directed to :-
- To accept the genuine insurance claim of the complainant and to grant/ release the insurance claim pertaining to the theft of insured motorcycle/ vehicle of the complainant bearing its registration No. PB46-AE-6529 bearing its Chassis No. MBLHAW113LHC55809 and Engine No. HA11EVLHC35777 to the complainant immediately without any further delay without any prejudice.
- The opposite parties no. 1 to 3 may be directed to pay Rs. 3,00,000/- to the complainant as damages and compensation for unnecessary harassment, inconvenience, agony and mental tension suffered by the complainant at the hands of the opposite parties.
- To pay a sum of Rs. 50,000/- as litigation expenses to the complainant.
Alongwith the complaint, the complainant has placed on record the following documents i.e. Self attested affidavit of complainant Ex. C-1, Self attested copy of Adhar Card Ex. C-2, Original challan dated 12.5.2020 Ex. C-3, Original Provisional Registration Certificate Ex. C-4, Copy of Form 22 Ex. C-5, Sale certificate dated 4.6.2020 Ex. C-6, Tax Invoice Ex. C-7, Original Insurance Policy Ex. C-8, Original Rapat dated 24.12.2020 Ex. C-9, Original untraced report dated 26.9.2022 Ex. C-10, Self attested copy of letter dated 28.10.2020 Ex. C-11.
2 Notice of this complaint was sent to the opposite parties and opposite party No. 4 appeared through counsel and filed written version by interalia pleadings that the present complaint is not maintainable against the opposite party No. 4. The present complaint is pre mature as the insurance claim is under pendency and moreover, the complainant never produced any document from which it shows that his insurance claim is denied by the insurance company. The complainant has not come to this commission with clean hands and he has concealed the material facts from this Commission. The present complaint is liable to be dismissed with special costs. The complainant has no cause of action and locus standi to file the present complaint against the opposite party No. 4. The complainant has purchased the above said motorcycle from the opposite party No. 4 and got financed the said motorcycle from the opposite party No. 5. The opposite party No. 4 has denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite party No. 4 has placed on record affidavit of Hardeep Singh Ex. R/1, Self attested copy of Adhar Card Ex. R/2.
3 The opposite party No. 5 appeared through counsel and filed written version by interalia pleadings that the present complaint is not maintainable in the eyes of law, as well as in the present form. The complainant has filed a vague complaint against the opposite party No. 5 as there is no specific role of opposite party No. 5 and no allegation has been put against the opposite party No. 5 by the claimant. The claimant has filed the present complaint just to harass the opposite party No. 5. The complainant had no cause of action to file the present complaint. The complainant had concealed material facts from this commission and by this point the complaint of the complainant be dismissed. The complaint is not properly valued for the purpose of court fee and jurisdiction. The complainant must be estopped by his own act and conduct from filing the present complaint. The complainant has no locus standi to file the present complaint against the opposite party No. 5. The opposite party No. 5 has denied the other contents of the complaint and prayed for dismissal of the same.
4 The opposite party No. 6 appeared through counsel and filed written version by interalia pleadings that the complainant is having saving bank account with the opposite party No. 6 and some installments of loan were deducted from his bank account. The statement of account of the complainant w.e.f. 18.4.2016 to 27.8.2022 is Ex. OP6/1. The complainant has wrongly impleaded the opposite party No. 6 as party in this case, hence the name of opposite party No. 6 may be struck off from the present complaint and may kindly be dismissed with cost qua the opposite party No. 6 in the interest of justice. Alongwith the written version, the opposite party No. 6 has placed on record affidavit of Sarwan Singh Dhillon Ex. OP6/1, Copy of Account opening form Ex. OP6/2, Photostat copy of account statement Ex. OP6/3.
5 Notice of this complaint was sent to the opposite parties No. 1 to 3 but no one appeared on behalf of opposite parties No. 1 to 3 and consequently, the opposite parties No. 1 to 3 were proceeded against exparte.
6 We have heard the Ld. counsels for complainant and opposite parties No. 4 and 5.
7 The case of the complainant is that the complainant is owner of the motorcycle in question and he has placed on record his provisional registration certificate Ex. C-4 and Challan dated 12.5.2020 Ex. C-3. The complainant has also insured his motorcycle bearing engine No. HA11EVLHC35777 from the opposite parties No. 1 and 2 and the insurance policy is Ex. C-8 on the record and the motorcycle of the complainant was stolen and the opposite parties No. 1 and 2 have not released the insurance claim to the complainant regarding the same. On the other hands, the opposite parties NO. 1 and 2 i.e. insurance company from whom the vehicle in question was insured is proceeded against exparte. And the case of the opposite party No. 4 filed written version and has taken preliminary objection No. 2 of the written version which is reproduced as follows:-
That the present complaint is premature as the insurance claim is under pendency and moreover, the complainant never produced any document from which it shows that his insurance claim is denied by the insurance company.
Perusal of pleadings and documents placed on record reveal that the present complaint is premature and the claim of the complainant has not yet been repudiated by the opposite parties No. 1 and 2. The complainant has placed on record one document Ex. C-11 vide which the opposite party Nos. 1 and 2 are claiming the documents from the complainant. Moreover repudiation letter has not been placed on record by either of the party.
7 Moreover, during the course of arguments, Ld. counsel for the complainant stated that he has already placed on record original documents at the time of filing the present complaint which are lying with the main file and he requests this commission to return the original documents to complainant for submitting the same to the opposite parties No. 1 and 2. In view of this, the complainant is permitted to receive the original documents from the file of this commission and will place on record the self attested copies of the same to this commission.
8 From the perusal of the file neither the complainant nor the opposite parties have placed on record any document i.e. repudiation letter which reveals that the claim of the complainant has been decided. 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.
9 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.
10 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.
11 In view of the above discussion, the present complaint is disposed of with the direction to the complainant to submit the documents as per letter Ex. C-11 to the opposite parties No. 1, 2 -Insurance Company for deciding the claim within a period of two months from the date of receipt of copy of order and on approaching the complaint for supplying the requisite documents, the opposite parties No. 1 and 2 will issue proper receipt acknowledging the same. The opposite parties No. 1, 2 shall decide the claim of the complainant within a further period of two months therefrom and in case of failure on the part of the opposite parties No. 1, 2 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. 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
26.10.2023
