Haryana

StateCommission

A/1120/2023

SATISH KUMAR BHARDWAJ - Complainant(s)

Versus

NATIONAL INSURANCE COMPANY AND ORA. - Opp.Party(s)

R.K. CHOUDHARY

20 Nov 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                                         First Appeal No.1120 of 2023

                                      Date of Institution: 27.09.2023

Date of order: 20.11.2023

 

Satish Kumar Bhardwaj aged 40 years, son of Late Sh.HariKishan Sharma, resident of Village Jataula, Tehsil Pataudi, District Gurugram.

…..Appellant

Versus

1. National Insurance Company, Mehrauli Gurugram Road, Gurugram 122002, through its Divisional Manager.
2. Future Agrotech Pvt. Ltd., Office at Near KCM Army School, Tigrana More, Bhiwani, District Bhiwani-127021, through its proprietor Mr. Narender Kumar.
3. Horticulture Development Officer, Horticulture Department, Farukh Nagar, District Gurugram.

..Respondents

CORAM:    S.P.Sood, Judicial Member

                  

Present:-    Mr. R.K. Choudhary, Advocate for theappellant.

                  

                                                ORDER

S P SOOD, JUDICIAL MEMBER:

Delay of 9 days in filing of present appeal is condoned for the reasons stated in the application seeking condonation of delay.

2.      The present appeal No.1120 of 2023 has been filed against the order dated 21.07.2023of the District Consumer Disputes Redressal Commission, Gurgaon(In short Now “District Commission”) in complaint case No.791 of 2022, which was dismissed.

3.      The brief facts of the case are thatin the month of November, 2020complainant had taken an Insurance Policy No.420100112010000100 from OP No.1-Insurance Company which covered the safety of his oneacre agriculture land alongwith the net- househaving validity from 07.11.2020 to 06.11. 2021. On the eve of Deepawali festival of the year of 2021, the whole net-house of the complainant got burnt due to the negligence of some unknown/unsocial persons for which, the NCR No. 141 dated 20.10.2021 U/s 427 IPC was also lodged with P.S. Farrukh Nagar. The complainant also intimated the Horticulture Department of the aforesaid incident. Thereafter, as per authorization of the complainant, OP No.2 i.e. Future Agrotech Pvt. Ltd. repaired the burnt net house after receiving a sum of Rs.7,00,000/- from the complainant, in cash, with an excuse that the said amount would be transferred in the bank account of the complainant at the time of settlement of his insurance claim, However, later on, the respondents/OPs, after putting off the matter for one pretext or the other, finally refused to make the impugned payment.  Aggrieved with this development,complainant filed this complaint and prayed that respondents/OPs be directed to render proper services to him and to make the payment of claim amount worth Rs.7,00,000/- towards his burnt-net-house along with interest, and Rs.2,50,000/- as damages coupled with Rs.11,000/- as counsel fee.

4.      OP No. 1-Insurance Company was proceeded against ex-parte on 03.01.2023. OP No.2 was proceeded against ex-parte on 11.04.2023 and OP No.3 was also proceeded against exparte on the same day i.e. on 11.04.2023.

5.      After hearing complainant, the learned District Commission, Gurgaonhas dismissed the complaint vide order dated 21.07.2023, which is as under:-

“Thus, in these circumstances, neither any deficiency in service on the part of the OPs/respondents is proved nor the present complaint can be entertained or held maintainable at all. That being so, the present complaint filed by the complainant is hereby dismissed with no order as to costs.”

6.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

7.      This arguments have been advanced by Sh.R.K. Choudhary, the learned counsel for the appellant.

8.      Admittedlycomplainant took Insurance Policy from OP No.1-Insurance Company which covered the safety of his oneacre agriculture land alongwith the net house. It is also not disputed that insurance policy was valid from 07.11.2020 to 06.11. 2021. It is the specific case of the appellant that on the eve of Deepawali in the year 2021, his whole net house got burnt and OP No. 2 repaired the same after receiving Rs.7,00,000/- in cash from him. But appellant failed to prove on record by leading any cogent evidence regarding his specific allegations that he has paid Rs.7,00,000/- in cash to OP No. 2.Infactwithout  proving to the hill that complainant did pay a sum of seven lacs to OP No.2 the so called repairer of the net-house, how this assertion could be believed. Complainant could not lead any evidence much less cogent and convincing to prove the same.  The learned District Commission had committed no illegality while passing the order dated 21.07.2023.  The appeal is being devoid of merits and stands dismissed.

9.      Applications pending, if any stand disposed of in terms of the aforesaid judgment.

10.       A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.

11.      File be consigned to record room.

Date of pronouncement: 20^th November, 2023

 

 

 

                                                                                                (S. P. Sood)                                                                                    Judicial Member       

S.K

(Pvt. Secy.)