The Complainant is present in person. Today is fixed for admission hearing of this complaint. The Complainant has advanced argument on the point of admissibility of the complaint.

The case of the Complainant is that his personal car/vehicle was duly insured with the OP. The said car met with an accident. The allegation of the Complainant is that the OP did not allow his insurance accidental claim by making payment of 70% of the insured declared value. As the OP did not settle his insurance claim to that effect, hence this complaint is initiated by the Complainant before this Ld. Commission.

We have carefully perused the petition of complaint along with the documents as filed by the Complainant and heard the submission of the Complainant. It is seen by us that the Complainant does not show us and/or file the copy of the claim application, which he was supposed to lodge the insurance claim before the OP after the accident of the insured vehicle/car. The Complainant did not annex the repudiation through which the OP has repudiated his insurance claim. So the allegation of refusal of making payment of the insured declared value by the OP has not been substantiated by the Complainant. No papers are forthcoming to this effect. Though the Complainant has claimed that the OP had committed to pay 70% of the IDV in case of accident of the insured vehicle, but after going through the terms and condition of the said insurance policy, we do not find out any such condition/clause therein. During hearing admission the Complainant has submitted that the OP said this orally. It is also submitted by him that he is also not armed with the claim application. Moreover after the accident no FIR was lodged by the Complainant with the concerned police station. Therefore upon considering the complaint petition we are of the view that this complaint is a pre-mature one, hence the complaint does not sustain at this juncture.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/354/2021 is hereby dismissed without being admitted being pre-mature one. There is no order as to cost.

However the Complainant is at liberty to approach before the competent Court/Commission for redressal of his grievance, if not barred otherwise in accordance with law.

As the complaint is not admitted, the Complainant is at liberty to get return the copy of the complaint petition and copy of the documents from the office of this Ld. Commission and for this purpose the Complainant has to file an application before the appropriate authority of this Ld. Commission. The appropriate authority is hereby directed to take immediate step upon receipt of the application so that the Complainant can get return of the abovementioned without any delay.

Let a plain copy of this order be given to the party/ies free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER