BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 146 of 2018
Date of Institution : 07.05.2018
Date of Decision : 29.11.2018.
Bhupinder Singh, aged about 47 years, son of Sh. Gurbaksh Singh, Jat Sikh, resident of village Thobria, Tehsil and District Sirsa.
……Complainant.
Versus.
- L & T General Insurance Company Limited, registered office at L& T House, N.M. Marg, Ballard Estate, Mumbai 400001, now merged and renamed as : HDFC ERGO GENERAL INSURANCE LIMITED, having its local/ Regional office at SCO 124-125, First Fllor, Madhya Marg, Sector 8 C, Chandigarh, through its Manager/ office Incharge/ authorized signatory.
- Local address: Prakash Ratna Complex, Sirsa, Tehsil and District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL………… MEMBER
Present: Sh. S.L. Sidhu, Advocate for the complainant.
Opposite party exparte.
ORDER
The case of the complainant in brief is that complainant is an agriculturist and is wholly dependent upon the agriculture income and he is having his agricultural land in village Thobria, Tehsil and District Sirsa. The complainant is the registered owner of a tractor make New Holland 3630 Super, blue white colour mudguard bearing registration No. HR44H-4069 bearing engine No. 167712D and chassis number NHN3630SZFH330646 model 2016. That on 19.1.2017, the complainant as per his turn of the canal water was doing the work of irrigation by connecting the tractor with the Burma and while doing this work, suddenly the patta of the tractor broken at the night time. At about 9.00 p.m., the complainant and his son had to leave the tractor in the fields and they went to their house. On 20.11.2017 in the morning at about 6.30 a.m. they went to the fields and saw that the tractor was missing from there. The complainant and his son made enquiries in the neighboring fields and in the village but no clue was found. Ultimately the matter was reported to the police and accordingly an FIR No.18 dated 21.1.2017 under Section 379 IPC was registered in Police Station Ellenabad, District Sirsa. The police has not been able to get any clue regarding theft of the said tractor. It is further averred that complainant had got insured his above said tractor with the opposite party against all risks including the theft etc. vide policy No.515106000402510000 valid for the period from 28.6.2016 to 27.6.2017 for the total value of the insured tractor to the tune of Rs.6,69,100/- as mentioned in the insurance policy itself. It is further averred that complainant had informed the op company regarding theft of the said insured tractor and submitted the requisite papers including FIR, registration certificate of the tractor etc. and requested for making payment of the insurance amount but the company is postponing the matter on one pretext or the other. The complainant being the lawful owner of above said tractor is entitled to get full insurance amount under the said policy and denial of the insurance claim to complainant is wrong and illegal and amounts to causing unnecessary harassment and deficiency in service. That the op company has wrongly, falsely and in an arbitrary manner has declined and repudiated the claim of the complainant in respect of the theft of the above said insured tractor of complainant. That despite several demands and request of complainant, the op company refused to pay the amount of insurance to the complainant. Thereafter, the complainant got issued a legal notice dated 23.4.2018 to the op company but of no use. Now the op has refused to admit the claim of complainant about two days ago despite several requests and demands of complainant and despite issuance of legal notice. Hence, this complaint.
2. On notice, opposite party failed to appear and was proceeded against exparte.
3. The complainant has produced his affidavit Ex.CW1/A, legal notice Ex.C1, postal receipt Ex.C2, copy of FIR Ex.C3, copy of statement of account Ex.C4 and copy of policy schedule cum certificate of insurance Ex.C5.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The perusal of the record reveals that complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the facts of his complaint qua ownership of the vehicle i.e. tractor in question and theft of the tractor. The perusal of the record further reveals that complainant has placed on file the copy of the FIR Ex.C3 which was recorded on the statement of Bhupinder Singh complainant. The complainant has also placed on record copy of statement of account Ex.C4 i.e. which is regarding loan facility availed by complainant from opposite party. The complainant has also placed on file copy of policy schedule cum certificate of insurance Ex.C5 issued by opposite party according to which the tractor in question was insured with the opposite party from 28.6.2016 to 27.6.2017. From the copy of FIR Ex.C3 it is proved on record that the tractor of the complainant bearing registration No. HR 44H-4069 was stolen in the night of 19/20.1.2017 i.e. during the subsistence of the insurance but the opposite party has failed to pay the insurance claim to the complainant. The pleadings and evidence led by complainant goes as unchallenged and unrebutted as the opposite party has failed to appear before this Forum to contest the complaint rather opted to be proceeded against exparte.
6. In view of the above, we allow the present complaint and direct the opposite party to settle and pay claim of the complainant within 45 days from the date of receipt of copy of this order subject to furnishing of copy of registration certificate, untraceable report, letter of subrogation and all other necessary papers for transfer of the tractor in the name of insurance company by the complainant. We also direct the opposite party to further pay a sum of Rs.10,000/- as composite compensation and litigation expenses to the complainant. In case the opposite party fails to comply with the said order within above said period, the complainant will be entitled to interest @7% per annum on the principle payable amount of claim from the date of order till actual realization. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:29.11.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
