BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer Complaint no.250 of 2019                                                               

                                                 Date of Institution         :    10.5.2019

                                                          Date of Decision   : 16.10.2019.  

Parvinder Singh son of Shri Pyara Singh, resident of Gali No.5, Gurunanak Nagar, Hisar Road, Sirsa, Tehsil and Distt. Sirsa.

            ….Complainant.                     

                   Versus

The New India Insurance Company, Near Bus Stand, Hisar Road, Sirsa through its Branch Manager.

                                                                             ..…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI R.L. AHUJA……………..PRESIDENT

          SH. ISSAM SINGH SAGWAL .……MEMBER.

Present:       Sh. P.K.Kochar,  Advocate for the complainant.

Sh. J.R. Garva, Advocate for opposite party.

ORDER

                   Case of complainant, in brief, is that complainant is owner of a motor cycle Hero Splendor bearing No. HR-24R/7381 and said motor cycle was insured from the op company on 8.12.2017 vide insurance policy no.35370031170100005674 for the period 8.12.2017 to 7.12.2018 and paid full insurance premium. That on 7.7.2018 at about 1.00 p.m., the above motor cycle was stolen from the house of complainant and a V.T. was sent on the same day. The complainant also moved an application before Police Post, Khairpur on 9.7.2018 and also informed to the op on the same day. The police registered an FIR No.652 dated 9.7.2018 at Police Station City Sirsa and also prepared untraced report. It is further averred that all the necessary documents were given to the insurance company as demanded time to time for the claim of motor cycle. The complainant received a letter dated 2.11.2018 from the op regarding furnishing of copy of VT, key of motor cycle, untraced report, copy of driving licence which were deposited by the complainant within five days from receipt of the letter. The complainant approached and requested the op regarding his claim but the claim amount has not been received till today. Hence, this complaint.  

2.                On notice, opposite party appeared and filed written statement raising certain preliminary objections. It is submitted that motor cycle bearing No. HR-24R-7381 was insured with the op, but no information of alleged theft of motor cycle was immediately given to the op. The alleged place of theft and residence of complainant is near to the office of op, but even then complainant did not immediately inform for which he was duty bound to inform. The complainant intentionally and deliberately did not submit the required original documents i.e. RC, insurance policy, final untraced report, NCRB report, both original key etc. pertaining to said motor cycle with the company and has instituted this complaint directly without compliance of the letter issued by the op. Hence, this complaint is pre-mature and liable to be dismissed. The complainant did not submit the requisite documents and failed to make the compliance of official letter dated 2.11.2018 issued by op. The complainant cannot get the benefit of his own wrongs. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.

3.                The parties then led their respective evidence.

4.                We have heard learned counsel for parties.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A and copies of documents i.e. copy of RC Ex.C1, copy of policy schedule Ex.C2, copy of entry Ex.C3, application Ex.C4, copies of mail Ex.C5 and Ex.C6, copy of claim form Ex.C7, copy of report under Section 173 Cr.P.C Ex.C8, copy of FIR Ex.C9 and copy of DL Ex.C10. On the other hand, op has furnished affidavit of Sh. Karan Singh Chaudhary, Divisional Manager as Ex.RW1/A and has furnished copy of claim intimation letter Ex.R1, copy of application Ex.R2, copy of FIR Ex.R3, copy of application Ex.R4, copy of policy schedule Ex.R5 and copy of letter dated 2.11.2018 Ex.R6.

6.                It is undisputed fact between the parties that complainant is owner of a motor cycle bearing No. HR-24R/7381 which was insured with op for the period 8.12.2017 to 7.12.2018 on payment of premium. As per allegations of complainant, his motor cycle was stolen on 7.7.2018 by someone from the house of complainant. Due intimation was given to op and FIR No.652 dated 9.7.2018 was registered at Police Station City Sirsa. Claim was lodged with the op, but however, same has not been settled and paid by op. On the other hand, there is specific contention of op that complainant has not submitted all the required documents which are necessary for the settlement of claim. Ld. counsel for op has stated at bar that in case required documents as per Ex.R6 are submitted to the op by complainant, the op will consider the same and settle the claim of complainant.

7.                In view of above, present complaint stands disposed of with a direction to the complainant to submit all the required documents as well as both keys of the motor cycle to the op within a period of 15 days from the date of receipt of copy of this order and thereafter the op is directed to settle and pay the claim to the complainant as per terms and conditions of the policy within further period of 30 days. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.   

Announced in open Forum.                                  President,

Dated:16.10.2019                    Member.     District Consumer Disputes

                                                                   Redressal Forum, Sirsa.