BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, REWARI.
Consumer Complaint No: 182 of 2013.
Date of Institution: 3.6.2013.
Date of Decision: 4.3.2015.
Krishan Singh son of Shri Ishwar Singh, r/o H.No. 6035,Mohalla Chhipatwara, near BMG Mall, Rewari, Tehsil and Distt. Rewari.
…….Complainant.
Versus
- The Managing Director, National Insurance Co. Ltd. DO X, Hero Honda Vertical, 101, 106, BMC House, Cannaught Place, New Delhi,
- The Manager National Insurance Co. Ltd. Near Madhusudan School, Delhi Road, Rewari, Tehsil and Distt. Rewari,
- The Manager, Virender Automobiles, Circular Road, Near Dharuhera Chungi, Rewari, Tehsil and Distt. Rewari.
…...Opposite Parties.
Complaint Under Section 12 of Consumer Protection Act
Before: Shri Raj Kumar ………. …..………..PRESIDENT
Shri Kapil Dev Sharma…………………MEMBER
Present : Shri Dhirender Singh, Advocate for the complainant.
Shri K.K.Dhingra, Advocate for the opposite parties
No. 1 and 2.
Shri Rajeev Gupta, Advocate for opposite party no.3.
ORDER
Per Raj Kumar President
Factual matrix comprising the case of the complainant, shorn of details, is that the Herohonda Splender bearing registration no. HR-36K-3777 owned by the complainant duly insured with the opposite parties no.1 and 2 was stolen on 3.7.2011 and to this effect FIR no. 201 dated 3.7.2011 was lodged in Police Station Model Town, Rewari under Section 379 of IPC. Accordingly, the complainant took steps for getting the insured amount and submitted all the required documents but no action was initiated by the opposite parties in spite of repeated requests and sending of legal notice; hence this complaint seeking the insured amount of Rs. 23,556/- with interest besides compensation and litigation expenses.
2) In reply, it is specifically averred that the complaint is not maintainable in the present form. It is also averred that information of theft of the vehicle in question has not been given to the insurance company immediately. It is also averred that the story regarding sending documents and giving letter and reminder and legal notice are false vague and baseless. All the other contents have been denied with the prayer of dismissal of complaint with costs. Opposite party no.3 also denied all the contents praying for dismissal of the complaint.
3) We have heard both the counsel for the parties and gone through the record of the case available on the file thoroughly.
4) During the course of arguments as well as from the pleadings, it clearly emerges out that the insurance company has not yet decided the claim. As per the opposite parties, the complainant has not supplied the required documents. This plea is, however, contradicted by counsel for the complainant and has requested the court to decide the matter in controversy. The Consumer Forum cannot perform the job of insurance company and decide the matter. It can only see into the validity of the order passed by the opposite parties regarding the claim. Since no order has yet been passed by the opposite parties regarding the claim, i.e. neither it has been allowed nor repudiated, so no cause of action has yet arisen for the court to interfere into the matter. The complaint is ,therefore, pre mature. In the interest of justice, we deem it proper to direct the complainant to supply all the required documents within 15 days to the company and then the company will decide the same within one month. Needless to say that the complainant can agitate the matter again by filing a fresh complaint if he is not satisfied with the decision of the opposite parties. With these observations, the complaint is disposed of accordingly.
Announced
4.3.2015.
President,
Distt. Consumer Disputes
Redressal Forum, Rewari.
Member,
DCDRF,Rewari.
