NCDRC

NCDRC

RP/2115/2013

SHRIRAM GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

MUNNA SINGH - Opp.Party(s)

MR. NAVEEN KUMAR CHAUHAN

16 Feb 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2115 OF 2013
 
(Against the Order dated 22/03/2013 in Appeal No. 161/2013 of the State Commission Rajasthan)
1. SHRIRAM GENERAL INSURANCE CO. LTD.
THROUGH GENERAL MANAGER, REP BY THROUGH CONSTITUTED ATTORNEY, ITS HEAD OFFICE AT D-8 EPEP,RIICO INDUSTRIAL AREA, SITAPUR,
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. MUNNA SINGH
S/O SH. AMAR SINGH, R/O VILLAHGE DESULA, P.S. - M.I.A
ALWAR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 16 Feb 2021
ORDER

 

ORDER

 

Taken up through video conferencing.

1.       Called out.

2.       No one is present for the petitioner.

3.       This case relates to repudiation of an insurance claim re the theft of a motorcycle.

4.       The District Forum vide its Order dated 20.12.2012 had allowed the complaint. The State Commission vide its Order dated 22.03.2013 had dismissed the appeal. This revision petition was filed on 24.05.2013 in challenge to the said Order dated 22.03.2013 of the State Commission.

5.       Both the fora below arrived at concurrent findings.

6.       On the last date of hearing i.e. on 01.07.2020 the following Order was made:

Taken up through video conferencing.

Mr. N.K. Chauhan, advocate is present on behalf of the petitioner.  He submits that the respondent has expired, and requests for a period of four weeks to move an appropriate application to substitute the legal heirs of the respondent. 

The petitioner shall ensure that the application for substitution of the legal heirs of the respondent is, under all circumstances, filed within four weeks from today, without fail.

List on 09-09-2020.

7.       The Registry has reported that no application for substitution of the legal heirs of the respondent has been filed by the petitioner.

8.       The Act 1986 is for “better protection of the interests of consumers”.  Its statement of objects and reasons says of “speedy and simple redressal to consumer disputes”.

9.       The instant revision petition was filed in 2013 apropos concurrent findings of the two fora below. We are now in 2020. No one is present for the petitioner today. Even the application for substitution of the legal heirs of the respondent has not been filed, despite the specific direction on 01.07.2020 that “The petitioner shall ensure that the application for substitution of the legal heirs of the respondent is, under all circumstances, filed within four weeks from today, without fail.”

          .

10.     The petition is dismissed for non-prosecution.

11.     To ensure the ends of justice, the petitioner, Shriram General Insurance Co. Ltd., through its chief execution, is directed to make good the award made by the District Forum vide its Order dated 20.12.2012 within four weeks from today without fail and ensure that the award is made available to the legal heirs of the deceased respondent / complainant through the District Forum as per the due procedure within the said period of four weeks from today, failing which the District Forum shall undertake execution against the petitioner insurance company through its chief executive for both ‘Enforcement’ and ‘Penalty’ as per the law.

In addition, cost of Rs. 1,00,000/- is imposed on the petitioner insurance company through its chief executive, of which Rs. 50,000/- shall be paid to the legal heirs of the respondent through the District Forum as per the due procedure within four weeks from today and Rs. 50,000/- shall be deposited in the ‘Consumer Legal Aid Account’ of the District Forum within the same period of four weeks from today, failing which the District Forum shall undertake execution against the petitioner insurance company through its chief executive for both ‘Enforcement’ and ‘Penalty’ as per the law.

12.     The Registry is requested to send a copy each of this Order to the chief executive of the petitioner insurance company and to its learned counsel as well as to the District Forum within three days. The stenographer is requested to upload this Order on the website of this Commission today itself.

 

 
......................
DINESH SINGH
PRESIDING MEMBER

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