Haryana

StateCommission

A/624/2015

SURJEET SINGH - Complainant(s)

Versus

MAGMA HID GEN.INSURANCE CO. - Opp.Party(s)

SAMEER PAHWA

22 Dec 2015

ORDER

.3azSTATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                     

                                                First Appeal No  :         624 of 2015

                                                Date of Institution:                 27.07.2015

                                                Date of Decision :         22.12.2015

 

Surjeet Singh son of Sunder Lal, resident of Village Kharindwa, Tehsil Shahabad, District Kurukshetra.

                                      Appellant-Complainant

 

Versus

 

1.      Magma HDI General Insurance Company Limited, Magma House 24, Park Street, Kolkatta – 700016 through its General Manager.

 

2.      Magma Finco Limited, 167/18, IInd Floor, Near Ambala Club, Vijay Rattan Chowk, Ambala Cantt through Area Sales Manager.

 Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

 

Present:               Mr. Ravi Gakhar, Advocate for the appellant

                             Mr. Rajneesh Malhotra, Advocate for the respondent No.1.

                             Mr. Neeraj Soni, Advocate for the respondent No.2.

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Surjeet Singh-complainant was owner of tractor No.HR78-9516.  It was insured with Magma HDI General Insurance Company Limited-opposite party No.1 (for short. ‘Insurance Company’) for the period April 30^th, 2013 to April 29^th, 2014.  On January 15^th, 2014 on account of fault in the wiring, the tractor caught fire and was burnt.  Complainant approached the Insurance Company but claim was not settled.  He filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Kurukshetra (for short, ‘District Forum’).

2.      The District Forum vide order dated June 10^th, 2015 dismissed the complaint with liberty to the complainant to approach civil court.

3.      Aggrieved of the order, complainant has filed the present appeal.

4.      During course of arguments, learned counsel for the appellant has urged that he does not want to get the appeal disposed of on merits.  Rather submits that complainant would file his claim before the Insurance Company and the Insurance Company be directed to dispose of his claim within a stipulated period. 

5.      In face of it, learned counsel for the Insurance Company has stated that let the complainant file the claim and same shall be disposed of. 

6.      In view of the statement made by the learned counsel for the parties, it is ordered that on filing of the claim by the complainant before the Insurance Company, the same shall be decided within three months of its receipt.

7.      Disposed of accordingly.

 

Announced 22.12.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK