Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                   Complaint No. : 231.

                                                                   Instituted on     : 30.05.2018.

                                                                   Decided on       : 03.10.2019.

Jitender age 34 years, s/o Sh. Jagdish R/o Vill. Kharak Khurd Tehsil & Distt. Bhiwani.

                                                                             ……..Complainant.

                             Vs.

1. National Insurance Company Limited, DOX, Hero Honda Vertical, 101-106, BMC House, Connaught Place, New Delhi through its General Manager/Managing Director.
2. National Insurance Company Limited, Branch Office Kalanaur, Distt. Rohtak, through its Branch Manager.
3. National Insurance Company Limited, Branch Office Bhiwani, through its Branch Manager.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. RENU CHAUDHARY, MEMBER.

                   MS. TRIPTI PANNU, MEMBER.

Present:       Sh.Anurag Saharan Advocate for complainant.

                   Sh.Anil Sharma, Advocate for opposite parties.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that complainant insured his motorcycle bearing No.HR-16S/0455 from the opposite party no.2 w.e.f. 19.05.2017 to 18.05.2018. That the alleged motorcycle got stolen on 11.08.2017 and complainant lodged FIR No.025926 dated 14.08.2017 in P.S. Kapasheda, South West Delhi and the motorcycle in question cannot be traced by the police. That complainant applied for claim with the opposite parties under the policy for a sum of Rs.44431/- i.e. IDV of vehicle but the claim amount has not been paid by the opposite parties to the complainant despite his repeated requests. That the act of opposite parties is illegal and there is deficiency in service on the part of OPs. Hence, this complaint and the complainant has prayed for directing the opposite parties to pay Rs.44431/- as claim amount alongwith interest, compensation and litigation to the complainant as explained in relief clause.

2.                          On notice opposite parties appeared and filed their written reply submitting therein that the motorcycle in question was stolen in the area of P.S.Kapashera South West, Delhi and complainant is the resident of District Bhiwani and the complainant has not intimated to the company and he has not submitted the claim documents in the office of answering respondent or at any other office of the company, So the present complaint is liable to be dismissed. That it is mandatory for the insured to intimate the insurance company immediately after the theft and submit the required documents but the complainant has failed to comply the terms and conditions of the insurance policy, therefore there is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.

3.                          Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C8 and closed his evidence on 24.05.2019. Ld. counsel for the OPs tendered affidavit  Ex.RW1, documents Ex.R1 to Ex.R2 and closed his evidence on dated 29.08.2019.

4.                          We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that the contention of opposite parties is that this Forum has no jurisdiction to entertain the complaint. In this regard we have observed that the policy Ex.C3 was issued in Kalanaur as the same is having stamp and signature of the Kalanaur office. The main plea taken by the opposite party is that complainant has not intimated the insurance company about the theft and has not submitted the claim documents till date.

6.                In view of the facts and circumstances of the case, we hereby direct the complainant to submit the claim form alongwith requisite documents with the opposite parties within 30 days and in turn opposite parties are directed to settle the claim of the complainant within 30 days from the date of submission of documents by the complainant.  Complaint is disposed of accordingly with the observation that in case the complainant is not satisfied with the decision of the opposite parties, he shall be at liberty to file the fresh complaint. Original documents/exhibits submitted by both the parties shall be returned to them and photocopy of the same be placed on record.

7.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

03.10.2019.

                                                          …………………………………..

                                                          Nagender Singh Kadian, President

                                                          …...........................................

                                                          Renu Chaudhary, Member.                              

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                                                          Tripti Pannu, Member.