Haryana

StateCommission

A/859/2016

VEDPAL - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. - Opp.Party(s)

DEEPENDER AHLAWAT

16 Dec 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                First Appeal No.           859 of 2016

                                                Date of the Institution:           21.09.2016

                                                Date of Decision:-        16.12.2016

 

 

Ved Pal son of Kapoor Singh, resident of Village Maraut, Tehsil Matanhail, District Jhajjar.

…..Appellant-Complainant

 

Versus

 

The New India Assurance Company Limited, through its Divisional Manager, Near Sadar Thana, Bahadurgarh.

……….Respondent-Opposite Party

 

CORAM:    Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                    Mr. Diwan Singh Chauhan, Member.

 

Argued by: Mr. Deepender Ahlawat, Advocate for the appellant

                   Mr. Vinod Gupta, Advocate for the respondent  

 

 

                                                O R D E R

 

NAWAB SINGH, J (ORAL)

 

          A motorcycle bearing No.HR14H-0617 owned by Ved Pal-complainant was insured with The New India Assurance Company Limited-opposite party (for short, ‘Insurance Company’).  It met with an accident on May 14^th, 2012.  Daily Diary Report No.17 dated May 15^th, 2012 was registered in Police Post Dujana. The Insurance Company was informed.  The Insurance Company did not settle the claim.  He filed complaint bearing No.251 of 2013 before District Consumer Disputes Redressal Forum, Jhajjar (for short, ‘District Forum’).  The complaint was disposed of vide order dated May 18^th, 2015 directing the complainant to file his claim before the Insurance Company and the Insurance Company was directed to decide the claim within thirty days from the date of receipt of the claim.  

2.      The claim was not settled as pleaded by the complainant, he again filed complaint No.242 of 2015, which was decided on August 22^nd, 2016 observing that the complainant did not file claim before the Insurance Company because he failed to prove the receipt in token thereof. 

3.      Against the order dated August 22^nd, 2016, the complainant has filed the present appeal before this Commission.

4.      Shri Vinod Gupta, learned counsel for the Insurance Company has fairly stated that let the complainant file his claim before the Insurance Company with relevant documents and the Insurance Company shall dispose of the claim within thirty days of the receipt of the claim.

5.      The proposal given by the learned counsel for the Insurance Company has been accepted by the learned counsel for the complainant.

6.      It is recorded for the sake of clarity that in case the complainant is not satisfied with the settlement by the Insurance Company, he would be at liberty to file a fresh complaint before the District Consumer Forum, Jhajjar.

7.      In view of above, the appeal stands disposed of.  

                   

 

 

December 16th, 2016

Diwan Singh Chauhan Member

B.M.Bedi Judicial Member

Nawab Singh President

 

U.K