Harpal Singh complainant has filed the present complaint against the titled opposite party U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short, the C.P.Act.) in which he has prayed that the opposite parties be directed to release the insurance claim amount in his favour on account of theft  of his vehicle and opposite parties be also directed to pay compensation  alongwith litigation expenses amounting to Rs.20,000/- on account of mental and physical harassment suffered by him, in the interest of justice.   

2.       The case of the complainant in brief is that he has purchased one Hero Honda Motorcycle bearing Chassis No.70857, Engine No.00696, Model 2011, bearing registration No.PB-18-S-6717 for his domestic purpose. He has got insured the said vehicle with the opposite party with effect from 5.4.2011 to 4.4.2012. It was assured by the opposite party that in case any loss is to be occurred in the near future with regard to the vehicle in question, then the opposite party shall make the payment of compensation in his favour without any delay. Unfortunately, his vehicle was stolen at village Sakhowal, Tehsil Batala, District Gurdaspur, P.S.Ghoman on 3.1.2012. He on the same day approached to the opposite party and told them about the loss of the vehicle and also reported the matter to the Police of Police Station Ghoman. He has tried his level best to trace out the vehicle but of no use. Moreover, the Police after thorough investigation has registered an F.I.R. bearing no.26 dated 2.2.2012 Under Section 380 I.P.C. in Police Station Ghoman. Thereafter he started approaching the opposite party and made written request to the opposite party regularly. He has completed all the requisite formalities and submitted all the requisite documents alongwith copy of F.I.R. as per instructions of the opposite party before the opposite party. The original policy of the vehicle was also handed over to the opposite party which is still in the possession of the opposite party. But instead of that the opposite party always procrastinating the matter pending with one pretext or the other. Due to the illegal act and conduct of the opposite party he has suffered great monetary and pecuniary loss and has also suffered mental and physical harassment. There is deficiency in service on the part of the opposite party. Hence, the present complaint was preferred with the prayed relief as herein above.

3.       Upon notice the opposite party appeared and filed the written reply through its counsel by taking the preliminary objections that complaint is not maintainable because the complainant has intimated the opposite party regarding loss of his motorcycle after one month. Even to the police the matter was reported after one month. There is a substantial delay in reporting the loss. As per the terms and conditions of the policy of insurance the loss/damage to the insured vehicle if any is to be reported immediately. In this case the motorcycle was allegedly stolen on 2.1.2014 and the matter to the police as well as opposite party was reported on 2.2.2014. It has further submitted that as soon as the loss was reported, the case was investigated. As per investigation report, as well as FIR one Sikandar Singh who is a closed relative of Harpal Singh had borrowed the motorcycle on the day it was allegedly stolen. The complainant has not disclosed this fact and further the loss has been reported after month. This act and conduct of the complainant is suspicious. Also the complainant was asked to supply certain documents which are mandatory for the settlement of the claim. In order to process the claim regarding loss of vehicle certain documents which are basic and mandatory for the settlement of claim were demanded from the complainant, which he has not supplied till date, therefore, no cause of action arose for the complainant to file the complaint. On merits, it was submitted that the information regarding loss of vehicle was given to the opposite party on 2.2.2012 and the application for detailing the surveyor for assessing the loss was signed by the complainant on 6.2.2012. It was further submitted that the insured was requested to supply untraceable report of the motorcycle under Section 173 of Cr P C, N C R B report, driving license of Sikandar Singh, RC of the motorcycle, Keys of the motorcycle and news paper cutting in which theft of motorcycle was published, but the complainant did not do so. The complaint is liable to be dismissed on this score alone. Other averments made in the complaint have been denied. Lastly, the complaint has been prayed to be dismissed.

4.       Complainant tendered into evidence his own affidavit Ex.C1 and of Sikandar Singh son of Ajit Singh Ex.C2 alongwith other documents Ex.C3 to ExC8 and closed the evidence. 

5.     Subhash Chander A.O. N.I.C. tendered into evidence his own affidavit Ex.OP1, alongwith other documents Ex.OP2 to OP7 and closed the evidence.

6.       We have carefully gone through the pleadings of the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

7.       We find that the present complaint is premature since the opposite party vide letter Ex.OP6 has not yet finally decided the insurance claim as to the loss of vehicle and have rather sought certain documents/information from the complainant which the complainant is bound to supply. Thus we dispose of the complaint and direct the complainant to approach the opposite party and submit the requisite documents/information desired by them for settling the insurance claim within 15 days of the receipt of these orders and further direct the opposite party insurance providers to decide the claim as per the terms and conditions of the policy within 15 days of the receipt of documents from the complainant. The opposite party is further directed to decide insurance claim duly filed by the complainants duly verified as per the settled procedure laid down by their regulating Agency IRDA.

8.       Copy of the order be communicated to the parties free of charges. File is ordered to be consigned to the record room.  

   (Naveen Puri)

                                                                       President.

ANNOUNCED:                                      (Jagdeep Kaur)

AUG. 26, 2015.                                                           Member.

*MK*