Complaint Case No. 18/2017

Mayank Tandan S/o Shambhu Dayal Tandan R/o 2/725 Begum Bag Aligarh  Aligarh

V/s

1. Manager, United India Insurance Company Ltd, B.O. 3  Trivi Door no 19/1 One Floor Kalpana Cantoment Bades Road Trivi District Trichrapalli
2. United India Insurance Company Ltd Kuber Abode HIG B-6 Swran Jayanti Nagar, Aligarh
3. M/s Malhotra Auto Sales 3/31 Kela House Samad Road Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  following relief-

1. Op be directed to pay the sum Rs.53960 against the insured vehicle.
2. cost of litigation Rs.5000 be awrded.

(b) Compensation for harassment at Rs 10000 be awarded.

2. Complainant has stated that he had purchased a motor cycle number Up 81 AB 6210 from OP no.3 which was insured with the Ops insurance company due the period from 12.11.2014 to 11.11.2015. On 7.05.2015 at about 1P.M. the motorcycle was stolen at Bank of baroda Branch ghandhi park, Aligarh and information was given to police at Number 100. Complainant tried to search the motor cycle and on 22.5.2015 report was lounged U/s 379 IPC at Police Station Gandhi Park, Aligarh against unknown person. The Case crime No.205/2015 was registered and final report no. 145/2015 was submitted which was accepted by the ACJM III, Aligarh on 13.2.2016.Complainant claimed orally in the office Op insurance for payment of Rs.59960 but claim was finally refused on 23.5.2017.

3. Op insurance company stated in WS that the theft of the motor cycle was committed on 7.5.2015 whereas report was lounged with delay on 22.5.2015 Complainant did not submit the claim form therefore matter was not entrusted to the investigator for investigation and consequently claim was not registered. On the date filing the case the value of the vehicle is 1/4^th.         
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops also filed their affidavits and papers in support of their pleadings.
5. We have perused the material available on record and heard the parties.
6. First question before consideration whether the complaint is maintainable?
7. It is not disputed that the complainant had not submitted the claim form for payment of the insured sum. No claim was repudiated and no cause of action arose for filing the complaint. Complaint is premature. Under the circumstance it is just and proper to direct the complainant to submit claim form before the insurance company and insurance company is directed to dispose of the claim within three months from the date submitting the claim form.           
8. Question formulated above is decided accordingly.      
9. We hereby direct the parties as mentioned above.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.