Delhi

East Delhi

CC/459/2015

AKHLAK ALI - Complainant(s)

Versus

NEW INDIA ASS. - Opp.Party(s)

15 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 459/15

 

Shri Akhlak Ali

S.i Shri Shahbuddin

R/o B-166/2, Near Tirpal Factor

Indira Vihar, Delhi – 110 094                                                   ….Complainant

 

Vs.

 

1. The Manager

The New India Assurance Company Ltd.

Delhi Regional Office – II

10.  

Laxmi Nagar, District Center, Delhi – 110 092                          ….Opponent

 

Date of Institution: 14.07.2015

Judgment Reserved on: 15.11.2016

Judgment Passed on: 17.11.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Shri Akhlak Ali has filed a complaint under Section 12 of the Consumer Protection Act against The New India Assurance Company Ltd. (OP) for deficiency of service and unfair trade practice.

2.        The facts in brief are that the complainant, the registered owner of vehicle no. DL-13SF-5236 make Hero Honda Passion Pro, Model 2009 got insured vide Cover Note/Policy No. 32030331130100005728 dated 12.12.2013 w.e.f. 12.12.2013 to 11.12.2014 of New India Assurance Co. Ltd. (OP).  During the period of insurance, his vehicle was stolen between 9.30 p.m. to 8 a.m. on 13/14.11.2014.  FIR No. 1190/14 dated 18.11.2014 under Section 379 of IPC was got registered at P.S. Gokalpuri.  The police filed the final report on the basis of which the complainant filed claim with the insurance company.  The insurance company sent a letter of dated 22.04.2015 to the complainant for completing the requirements, which were fulfilled by the complainant through his letter of dated 01.05.2015. 

It has been stated that after completion of the formalities, when the complainant approached the insurance company, he was not entertained.  Thus, he has stated that there has been deficiency on the part of insurance company and have claimed an amount of Rs. 23,400/- with 18% interest alongwith compensation of Rs. 20,000/- on account of harassment and mental tension and further litigation expenses. 

3.        Notice of the complaint was given to New India Assurance Co. Ltd. (OP).  They did not put the appearance inspite of service, hence, they have been proceeded ex-parte.

4.        In support of its claim, the complainant has examined himself, who has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents such as Cover Note/Policy (Ex.CW-1/A), FIR (Ex.CW-1/B), final report (Ex.CW-1/C) and copy of letter dated 22.04.2015 sent by the insurance company and its reply by the complainant of dated 01.05.2015 (Ex.CW-1/D) and (Ex.CW-1/E) respectively.

5.        We have heard Ld. Counsel for the complainant and Counsel for New India Assurance Co. Ltd. (OP) as the Insurance Company joined the proceedings at the stage of arguments.  It has been argued on behalf of Insurance Company that the complainant was asked to contact the investigator and support him in investigation process.  Further, he was asked to file the necessary required documents, which the complainant did not do so, failing which claim of the complainant was closed as “No claim”. 

            On the other hand, complainant have stated that he has already filed the documents and the Insurance Company have slept over his claim.  Admittedly, as per the version of complainant himself, he has made reference to letter of dated 22.04.2015, which has been got exhibited as  Ex.CW-1/D, it is noticed that the complainant was asked to submit the documents, which he stated to have submitted through his letter of dated 01.05.2015 which is Ex.CW-1/E.  Further, during the course of arguments, counsel for Insurance Company made reference to a letter of dated 03.08.2015 where complainant has been asked to contact the investigator and support him in investigation process.  From this, it seems that the complainant has not complied to the request made by the Insurance Company for joining the investigation process.  When the Insurance Company have not completed its formalities such as appointing the surveyor and getting its report, it could not have processed the claim of the complainant.  In the absence of the surveyor report and the rejection of the claim of the complainant, the claim of the complainant cannot be gone into.  Unless and until the Insurance Company have rejected the claim of the complainant, no cause of action have arisen to file the present complaint.  In such circumstances, complaint of the complainant cannot be entertained and no compensation can be awarded to the complainant. 

6.        In view of the above, we are of the opinion that though the complaint of the complainant deserves its dismissal, however, we direct the Insurance Company to revive the claim of the complainant.  Complainant is also directed to co-operate the Insurance Company and file all the documents required for final disposal of his claim.  This process be completed within a period of 60 days from the date of order.  Though, we are conscious that such directions cannot be passed but, in order to put an end to further litigation, we do so. 

            A copy of the order be given Dasti to both the parties.            

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                              (SUKHDEV SINGH)

        Member                                                                               President