Order dictated by:
Sh.Anoop Sharma, Presiding Member
1. Sh.Tarun Kataria has brought the instant complaint under section 11, 12 and 13 of the Consumer Protection Act, on the allegations that he is owner of one Hero Honda Splendor Motor Cycle bearing RC No.PB-02-BL-9394 having Engine No.56228, and Chassis No. 8328 and the complainant got the said vehicle insured from Opposite Party vide policy No.200204/31.10.01/00009740 valid for the period from 11.2.2011 to midnight of 10.02.2012, hence the complainant is consumer of the Opposite Party under the Act. The vehicle in question of the complainant has been stolen regarding which the complainant had got registered a case vide FIR No. 45/2012 under section 379 IPC at P.S.Sultanwind, Amritsar and also informed the Opposite Party accordingly in this respect and thereafter, the complainant submitted claim with the Opposite Party under claim No.629-4011/11. Thereafter, the complainant had received letter dated 23.9.2012 regarding the investigation report of investigator of Opposite Party and Opposite Party raised demand of untraced report alongwith keys and current NCRB report so that the claim could be processed by the Opposite Party. Accordingly, the complainant had furnished the original keys of the aforesaid vehicle alongwith NCRB report in original with the office of Opposite Party on 10.12.2015 and also stated that the untraced report under section 173 CRPC shall be furnished to the office of Opposite Party as the complainant had applied for the same from Hon’ble Court. The complainant after obtaining the untraced report from the Hon’ble Court had furnished the same with the office of Opposite Party and even the RC of the vehicle in question has also been transferred in the name of Opposite Party. Thereafter, the complainant wrote number of letters to Opposite Party and also visited the office of Opposite Party number of times, but no satisfactory reply has been given by the Opposite Party to the complainant nor the claim of the complainant has been settled till date. Due to the aforesaid wrongful acts and conducts on the part of Opposite Party, the complainant has suffered both physical and mental torture as inspite of furnishing of all the documents as required by the Opposite Party, Opposite Party has not paid the claim amount to the complainant. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Party may be directed to take immediate action for settling the genuine claim of the complainant in respect of stolen vehicle as detailed above.
b) Opposite Party may kindly be directed to award compensation to the complainant for causing mental harassment for Rs.50,000/-
c) Opposite Party may also be directed to pay litigation expenses.
d) complainant may kindly be awarded any other relief to which he is found legally entitled to under the law, equity and justice.
Hence, this complaint.
2. Upon notice, Sh.Sandeep Khanna, Advocate appeared on behalf of the Opposite Party on 13.2.2017 and on the first date of hearing, ld.counsel for the Opposite Party has prayed for adjournment to file the written version and also made statement that the Regional Office at Ludhiana has reopened the present case for considering the matter again. The Opposite Party National Insurance Company be given time of 45 days from the date of receipt of copy of the order for deciding the claim case on merit, subject to terms and conditions of the policy and furnishing of requisite documents.
3. We have also heard both the counsel and have carefully gone through the unexhibited documents placed on record by the complainant and we have also considered the willingness of the Opposite Party to consider the case on merits within a limited period of 45 days.
4. The case is at its initial stage, moreover, Sh.Sandeep Khanna, appeared on behalf of the Opposite Party and made statement on the first date of appearing on behalf of the Opposite Party to settle the dispute within 45 days. As per the statement made by ld.counsel for the Opposite Party, the Regional Office at Ludhiana has reopened the present case for considering the matter again and the Opposite Party National Insurance Company be given time of 45 days from the date of receipt of copy of the order for deciding the claim case on merit, subject to terms and conditions of the policy and furnishing of requisite documents.
5. Hence, in view of the aforesaid statement of ld.counsel for the Opposite Party made today i.e. 13.2.2017, we direct the OP-Insurance Company to process and settle the claim of the complainant either way, positively within 45 days from the date of receipt of copy of order. The complaint is disposed of accordingly. However, the complainant is at liberty to file the fresh complaint after the final settlement of his claim, if he still not satisfy with the decision of the OP-Insurance Company. No order as to costs. Copies of this order be supplied to the parties free of cost and the file be consigned to record room after compliance.
Announced in Open Forum
Dated: 13.02.2017.
