Haryana

Yamunanagar

CC/188/2024

Naresh Chand S/o Jai Chand - Complainant(s)

Versus

Iffco Tokio General Insurance Co.Ltd. - Opp.Party(s)

Ritesh Goel

22 May 2024

ORDER

CC No. 188 of 2024

Naresh Chand vs. IFFCO

 

Present:      Sh. Ritesh Goel, Adv. for the complainant.

 

 

1.              Complaint presented before the registry of this Commission on 20.5.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.

2.               Counsel for the complainant attached documents Ex.C-1 to Ex. C-7 with the complaint.

3.               Heard.

4.             Complainant was the registred owner of car bearing registration No. HR71E-5949 and it was insured by the opponents, vide insurance policy Ex.C2, for the period 28.3.2023 to 27.3.2024, on payment of premium, in the sum of Rs.7412.35/- and the opponents assessing the ID Value of the car, in the sum of Rs.3,33,300/-. During the validity period of the insurance policy Ex.C2, car got stuck against a Safeda tree (Eucalyptus), within the territorial jurisdiction of Revenue Estate of Village Dhanaura, District Ambala.

5.         The complainant alleged, the registration of the accidental car, was in the name of the complainant, fact is reflected from document dated 17.10.2023 Ex.C4, in response to the letter dated 17.10.2023 Ex.C3 from the opponents but the opponents failed to settle the claim of the complainant, under the policy, despite, raising specific grievance by the complainant, vide his legal notice dated 15.4.2024 Ex.C7 to the opponents, which was sent through registered post. The postal receipt on the record, is Ex.C6.

6.            From the facts of the complaint and documents relied upon, it is crystal clear, till date, the claim of the complainant has not been settled by the opponents, in either way. The complaint is pre mature and is liable to be dismissed. However, in order to, maintain the balance, if, appropriate directions are given to the opponents, to settle the claim of the complainant, in either way, within the particular period of time, it is not going to cause any sort of prejudice, to the opponents. Since, no adverse order, at this stage, is being passed, against the opponents, the opponents are not required to be given an opportunity of being heard, at this stage.

7.            Hence, due to reasons stated hereinbefore,  complaint is dismissed, it being pre-mature., with the directon to the opponent No.1, to decide the claim of the complainant, subject matter of the claim, under the policy Ex.C2, in either way (accepting or rejecting), by passing a speaking order, within period of one month, from the date of receipt of certified copy of this order. After deciding the claim of the complainant, under the policy Ex.C2, the opponents will communicate, its decision to the complainant, as per the address mentioned, in the policy Ex.C2. If, the claim of the complainant is not settled, in either way, or the complainant is not satisfied, with the settlement, then, he shall be at liberty to file a fresh complaint, before the Commission, raising his grievance, if, advised so, and in the fresh complaint, complainant will disclose the particulars of this complaint, its fate and will attach the certified copy of this order. Certified copy of order be supplied to the complainant, free of cost and the complainant will communicate the certified copy of this order, to the opponent No.1, at his own responsibility, by sending the same, to the opponent No.1 through registered post or E-mail, as the case may be.

8.             The documents Ex.C6 & Ex.C7 which are on record, in original, are hereby ordered to be released, in favour of the complainant or his counsel, against proper receipt.

9.              File be consigned to the records.

                                                                                                            President,

  L. Member.                            Member.                                             DCDRC, YNR,

                                                                                                            22.05.2024.

 

 

Typed by: Aarti.