Haryana

Karnal

CC/631/2023

Ranbir Singh - Complainant(s)

Versus

National Insurance Company Limited - Opp.Party(s)

Saurabh Kadyan

15 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                                     Complaint No.631 of 2023

                                                                     Date of instt.07.11.2023

                                                                     Date of Decision:09.11.2023

 

Ranbir Singh son of Sh. Prem Singh, resident of village Gudha, Tehsil Gharaunda, District Karnal.

                                                                                      …….Complainant.

                                                Versus

National Insurance Company Limited, Divisional Office, opposite Govt. Girls Senior Secondary School, Karnal.

                                                                                      …..Opposite Party.

Complaint under Section 35 of Consumer Protection Act, 2019.

Before       Sh. Jaswant Singh………President.   

                   Sh. Vineet Kaushik……… Member.

                   Dr. Suman Singh……..Member.

 

Present: Sh. Sukhdev Sharma, cousnel for the complainant.

 

 

(Dr. Suman Singh Member)

                 

               Complaint presented today. It be checked and registered.                                                                                   

The present complaint has been filed the complainant under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as (OP) on the averments that the complainant is registered owner of a motor cycle Hero Honda Deluxe bearing registration No. HR-91-9525, vide engine no.HA11EMH9K07567, chassis no.MBLHA71XH9K11295, which was purchased by him in the year, 2017. The complainant got insured his above said motor cycle with the opposite party vide policy No.39010231226200374607, valid from 13.09.2022 to 12.09.2023 by saying a premium of Rs.1779/- for IDV of Rs.22,500/-. By paying the premium to the opposite party the complainant has become the consumer of opposite party and thus is competent to file the present complaint before this Hon’ble Commission. 

     The complainant was going towards his field on the above said motor cycle and when he reached near petrol pump, Gudha, which is just adjacent to Gharaunda, he felt the pressure of urine. Thus, the stopped his motor cycle on the kacha portion of the road locked it and went in the nearby fields to urinate and when he came back he could not find his motor cycle there. He tried to find his motor cycle here and there but unable to find it. Somebody has stolen his motor cycle. As it became late in night, so he made a complaint to the police about the theft of his motor cycle on the very next day i.e. on 26.06.2023 (The copy of the receipt of the complaint to police is attached herewith). However, the police has recorded the FIR No.0383, on dated 01.07.2023 in Police Station Gharaunda on his complaint. Even the police could not trace the motor cycle of the complainant, so it produced the final report under section 173 Cr.P.C. dated 27.08.2023 regarding untraceable report of the motor cycle. Besides this the complainant also informed the opposite party immediately after the occurrence. Hence, this complaint.

        Argument on point of admissibility heard.

                  At the time of availing the loan, for the purpose of surety, OP has taken the cheques from the complainant. Now, the complainant has prayed to return the abovesaid cheques and also not to snatch the truck. Complainant himself failed to repay the loan amount. OP has every right to recover the remaining loan amount. Hence, in view of above, the present complaint is devoid of merits and deserves to be dismissed and same is hereby dismissed. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated:09.11.2023                 

                   President,

District Consumer Disputes

Redressal Commission, Karnal.

(Vineet Kaushik)   (Dr. Suman Singh) 

    Member                    Member         

Sandeep