Haryana

Karnal

616/2011

Amresh Kumar S/o Rajpal - Complainant(s)

Versus

Iffco -Tokio General Insurance Company Ltd., Iffco- Tokio General Insurance Company ltd - Opp.Party(s)

Sandeep Chauhan

05 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.  616of 2011

                                                               Date of instt.: 30.09.2011               

                                                                                     Date of decision: 09.03.2015

 

Amresh Kumar son of Sh.Rajpal resident of village Salwan District Karnal.

                                                     ………..Complainant.

                             Versus

 

1.Iffco Tokio General Insurance Company Ltd.Iffco House 3^rd Floor, 34  Nehru Place, New Delhi 110019 through its Manager.

2.The Manager, Iffco Tokio General Insurance Ltd. Sector -8, Karnal.

                                                ……… Opposite Parties.

 

                   Complaint U/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.Subhash Goyal……. President.

                   Smt.Shashi Sharma….Member.

                  

 

 Present        Sh.Sandeep Chauhan Advocate for the complainant.

                   Sh.A.K.Vohra Advocate for the Ops.

         

ORDER:

 

                        The complainant has filed the present complaint u/s 12 of the Consumer Protection Act against the Ops on the allegations that the complainant got his vehicle bearing registration No. HR-05P-3904 insured with the OPs vide insurance policy bearing No.40420510 .  The above said vehicle was stolen by some unknown person and FIR No.438 of 2009 was got lodged with the Police Station, Civil Lines, Karnal.  The complainant lodged claim with the Ops and completed all the formalities but the claim of the complainant has not been reimbursed which amounts to deficiency in services. Thus, alleging deficiency in services on the part of the Ops, the complainant has filed the present complaint against the Ops and has prayed that the Ops be directed to pay the claim amount alongwith compensation for the harassment caused to him and the litigation expenses. He has also tendered his affidavit in support of the averments made in the complaint alongwith certain other documents.

2.                 On notice the Ops appeared and filed written statement raising the preliminary objections that the complaint was not maintainable; that the complainant has not come to this Forum with clean hands and has suppressed the true and material facts.

 

                   On merits, it was contended that OP no.1 vide its letter dated 14.12.2010 asked the complainant to submit original FIR, Report u/s 173 Cr.P.C.(duly signed and rubber stamp by Judicial Court Magistrate) but the complainant failed to submit the same and hence the claim of the complainant was rightly repudiated by the OP no.1 vide letter dated 18.01.2012.  It was thus contended that there was no deficiency in services on the part of the OP and dismissal of the complaint has been sought. Ms.Pallavi Ray, the authorized signatory of the OP has also tendered her affidavit in support of the contentions of the Ops.

3.                 We have heard the learned counsel for the parties and have gone through the case file very carefully.

4.                 Today Sh.Sandeep Chauhan Advocate for the complainant has given a statement to the effect that today he has placed on the file photo copy of the Final report  U/s 173 Cr.P.C. and he is ready to give certified copy of the same and the Insurance company be directed to settle his claim.

                   Therefore, in view of the fact that the complainant had failed to supply the final report u/s 173 Cr.P.C. as demanded  by the Ops vide Ex.O2, we hold that there was no deficiency in services on the part of the OPs.

                   However, since the complainant has filed photo copy of the final report u/s 173 Cr.P.C. and has given a statement to provide certified copy of the same, to enable to the Ops to process the claim of the complainant, therefore, we direct the complainant to supply certified copy of the final report u/s 173 Cr.P.C. to the Ops within a period of fifteen days from the date of this order and thereafter the OPs shall settle the claim of the complainant within a period of thirty days. The present complaint is disposed off accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

09.03.2015                                                                 (Subhash Goyal)

                                                                      President,

                                                                         District Consumer Disputes  

                                                                          Redressal Forum, Karnal.

 

                  

                (Smt.Shashi  Sharma)

                      Member.

 

 

Present         Sh.Sandeep Chauhan Advocate for the complainant.

                   Sh.A.K.Vohra Advocate for the Ops.

 

 

                   Statement of the counsel for the complainant recorded separately wherein he has tendered photo copy of the final report u/s 173 Cr.P.C. Heard. Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

 

Announced

09.03.2015                                                                 (Subhash Goyal)

                                                                      President,

                                                                         District Consumer Disputes  

                                                                          Redressal Forum, Karnal.

 

                  

                (Smt.Shashi  Sharma)

                      Member.