BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint No.: 213 of 2017
Date of Institution: 24.08.2017
Date of order: 24.07.2018.
Vikram son of Pala Ram, resident of village Dangra, Tehsil Tohana, District Fatehabad.
….. Complainant.
Versus
- The National Insurance Co. Ltd. Tohana, through its Agent, F.C Choudhary, Near Chanchi Chowk, Tohana.
- The National Insurance Co. Ltd. Head Office 3, Middle Ton Street, Prafulla Chandra Sen sarani Kolkata (West Bengal).
- The National Insurance Co. Ltd. Head Office SCO 57, Sector 11, Panchkula.
….Opposite parties.
Complaint U/s 12 of the Consumer Protection Act
Before: Sh.Raghbir Singh, President.
Sh. M.K. Khurana, Member.
Present: Sh.Ishan Leekha, counsel for the complainant.
Sh.V.K. Mehta, counsel for the OPs.
ORDER:
Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averments that he is a resident of village Dangra, Tehsil Tohana, District Fatehabad. It is further submitted that the complainant was owner of a car bearing registration No.HR-16L-6070, Make Tata Indigo. It is further submitted that heft of abovesaid vehicle was committed on 9.7.2016 at 8.30 p.m., when the complainant had gone to visit Town Park Hisar Road, Tohana. The complainant traced the said car at his own level, but all in vain. Thereafter, the complainant intimated the police on mobile no. 100 on the same date. However, the police could not trace the vehicle in question and submitted an untraced report. It is further submitted that the abovesaid vehicle was fully insured by the OPs company and a policy regarding the same was issued to the complainant by OP no. 1. The theft of the vehicle was committed during the subsistence of the insurance policy and the untraced report submitted by the police was accepted by the Hon’ble Court of SDJM, Tohana.
2. It is further submitted that the complainant approached OP no. 1 regarding his claim and submitted all the documents, but OP no. 1 did not give any satisfactory reply to the complainant and moreover his claim file was not proceeded further by him. So, a legal notice dated 14.7.2017 was got issued by the complainant to the OPs through his advocate but all in vain. It is further submitted that non-payment of the genuine insurance claim to the complainant by the OPs amounts to deficiency on their part in rendering service to the complainant. It is further submitted by the complainant that the OPs may be directed for making a payment of insurance claim to the complainant along-with a compensation of Rs. 50,000/-. Hence, the present complaint.
3. On being served OPs appeared through their counsel and asked the complaint by filing a joint written statement wherein various preliminary objections with regard to maintainability, locus standi, estoppel, cause of action and premature etc. have been raised.
4. In reply on merits, it is submitted that OP no. 1 had asked the complainant vide letter dated 28.08.2017 for submitting the relevant documents, so that the insurance claim of the complainant can be settled. However, till date the abovesaid requisite documents have not been submitted by the complainant. Therefore, the claim of the complainant has not been decided finally by the OPs. It is further submitted that in view of the submissions made abov,e the present complaint of the complainant is pre-mature and the same is liable to be dismissed.
5. The learned counsel for the complainant tendered in evidence affidavit of the complainant as Exhibit CW1/A along-with documents as Annexure C-1 to Annexure C-15. On the other hand, Shri Shakti Bhaskar, Assistant Administrative Officer tendered his affidavit as Annexure R-1 in support of the case of OPs. The OPs also tendered in evidence the document as Annexure R-2 and closed the evidence of the OPs.
6. We have duly considered the arguments advanced by learned counsel for the parties and have also perused the entire material placed on record. A perusal of the file reveals that the claim of the complainant is till date undecided. It is the case of the Ops that vide letter dated 28.08.2017 (Annexure R-2) the complainant was asked for submitting the documents as mentioned in the said letter. However the complainant has not submitted the required documents, therefore the claim of the complainant has not been decided. A perusal of the file further reveals that there is no document on the file to prove that the complainant had furnished the above said documents and clarification or filed any response to the queries. Therefore, this Forum is of the considered opinion that the present complaint is pre-mature. So, we direct the complainant to furnish the documents to the Ops or file proper/ appropriate reply to the queries raised by the Ops in letter dated 28.08.2017 (Annexure R-2) within 15 days from the date of receipt of the copy of this order and after receiving the documents or reply the Ops are directed to take decision regarding the claim of the complainant within 30 days from the date of receipt of the document/reply by passing a speaking order. In case, the complainant will be aggrieved with the decision to be taken by the Ops in that eventuality the complainant will be at liberty to challenge the same afresh before this Forum. The present complaint is accordingly disposed of. A copy of this order be supplied to both the parties free of costs as provided under the rules. File be consigned to record after due compliance.
Announced in open Forum. Dated:24.07.2018
(Raghbir Singh) President (M.K.Khurana) Distt. Consumer Dispute
Member Redressal Forum, Fatehabad.
