Haryana

Yamunanagar

CC/265/2024

Trilochan Singh S/o Sunder Singh - Complainant(s)

Versus

ICICI Lombard General Insurance Company Ltd. - Opp.Party(s)

Gurvinder Singh

08 Aug 2024

ORDER

CC No.265 of 2024

Trilochan Vs. ICICI

 

Present:       None for the complainant.

 

ORDER:-

 

1.                 Case called several times since morning, but complainant failed to appear before the Commission either in person or through any advocate, up to 3:45 PM. On the last date of hearing also, no one had appeared on behalf of the complainant, nor compliance of order dated 5.8.2024 has been done by the complainant.

2.                Complainant was the registered owner of bearing Registration No.HR02AR-9244 and it was insured by the opponent, fact is reflected from policy Ex.C4 valid with effect from 22.3.2019 to 21.3.2024. During the validity perod of the insurance policy Ex.C4, motor-cyle was stolen on 17.12.2023 within the territorial jurisdiction of PS Buria, District Yamuna Nagar and in this regard, on the complaint of the complainant, a FIR No.251 dated 18.12.2023 was registered in PS Buria and after registration of the FIR, the copy of which is Ex.C2, police swung into the investigation but during the course of investigation, no clue was found about culprit and stolen motor-cycle and ultimately, police submitted untraced report to the concerned Judicial Magistrate. However, there is nothing on record, whether, untraced report, qua, the FIR Ex.C2 was accepted by the Court of Judicial Magistrate concerned because acceptance of police report by the Judicial Magistrate concerned, is imperative, for the insurance company, to disburse the claim by the opponent and this Commission on 5.8.2024 gave time to the complainant, to verify the fact by placing on record the order if, any passed by the Judicial Magistrate concerned, regarding the acceptance of untraced report qua, FIR No.251 dated 18.12.2023 under Section 379 IPC but the complainant failed to appear, before the Commission. It mean Judicial Magistrate concerned has not accepted untraced report submitted by the police, qua FIR No.251 dated 18.12.2023 under Section 379 IPC. So, complaint is pre-mature and liable to be rejected.

3.               Hence, due to reasons stated hereinbefore, complaint is rejected, it being pre mature. However, complainant shall be at liberty, to file a fresh complaint, giving the documentary evidence, by attaching the certified copy of the order, if any, passed by the Judicial Magistrate concerned, with regard to the acceptance of the untraced report qua, FIR No.251 dated 18.12.2023 under Section 379 IPC, PS Buria, District Yamuna Nagar and in a fresh complaint, he will mention the particulars of the present complaint and its fate by attaching the copy of this order.

4.                File be cosigned to the records.

 

                                                                                      President,

L. Member.                    Member.                                 DCDRC, YNR,

                                                                                      8.8.2024.

 

Typed by:- Aarti