Haryana

Kurukshetra

34/2018

Gurjeet Singh - Complainant(s)

Versus

NIC - Opp.Party(s)

Rohtash Sangam

25 Sep 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.34 of 2018.

                                                     Date of institution: 19.02.2018.

                                                     Date of decision:25.09.2018.

Gurjeet Singh S/o Kuldeep Singh, R/o H.No.3090/8, Amin Road, New Model Town, Kurukshetra-136118.

                                                                        …Complainant.

                        Versus

National Insurance Company Ltd. Through its Branch Manager, Railway Road, Kurukshetra.

….Respondent.

BEFORE     Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Tirkha, Member.

       

Present:     Sh. Rohtash Jangam, Advocate, for the complainant.   

                Sh. R.K.Singhal, Advocate for the OP.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Gurjeet Singh against National Insurance Company, the opposite party.

2.            Brief facts of the present complaint are that the complainant got insured his motor-cycle bearing registration No.HR07V-4161 with the Op vide policy No.39010231176201964847 for the period valid w.e.f. 08.08.2017 to 07.08.2018.  It is alleged that on 02.09.2017, the said motor-cycle was stolen from the area of Royal Resort, Kurukshetra.  It is further alleged that an FIR bearing No.804 dt. 06.09.2117 under Section 379 IPC was lodged against unknown person.  Intimation regarding theft of said motor-cycle was given to Op.  The complainant lodged the claim with the Op and submitted all the necessary documents but the Op did not settle the claim of complainant.  So, it is a clear cut case of deficiency in service on the part of Op and prayed for acceptance of complaint with the direction to Op to pay the loss of Rs.32,620/- alongwith interest @ 18% p.a. from the date of loss till its realization and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well- as litigation charges.   

3.            Upon notice, the OP appeared before this Forum and contested the complaint by filing reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the present complaint is pre-mature complaint and the same is not maintainable.  It is worth to mention here that the claim of complainant had not been repudiated so far, rather the complainant was requested to submit the necessary documents and the complainant had failed to submit the same.  Moreover, the complainant had himself requested in writing to the answering Op that he had not received the untraced report and he will provide the same as soon as possible and he had requested to keep his claim pending; that the complainant has concealed the true and material facts from this Forum.  The true facts are that the motor-cycle in question was alleged to be stolen on 02.09.2017, whereas the intimation to the police was given on 06.09.2017 i.e. after 4 days and the intimation to the company was given on 04.09.2017 i.e. after 2 days and it is the clear cut violation of the terms and conditions of insurance policy; that there is no deficiency in service on the part of Ops.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             To prove his case, ld. Counsel for the complainant tendered into evidence affidavit, Ex.CW1/A, copy of RC as Ex.C1, copy of DL as Ex.C2, copy of policy as Ex.C3, copy of FIR as Ex.C4, copy of affidavit as Ex.C5 and copy of untraced report as Ex.C6 and thereafter, closed the evidence on behalf of complainant.

5.             On the other hand, ld. Counsel for the Ops tendered into evidence affidavit, Ex.RW1/A, copy of policy as Ex.R1, copy of letter dt. 01.03.2018 as Ex.R2, copy of letter dt. 08.03.2018 as Ex.R3, copy of FIR as Ex.R4, copy of motor claim intimation form as Ex.R5 and copy of insurance claim form as Ex.R6 and thereafter, closed the evidence on behalf of Ops.

6.             We have heard the ld. Counsel for both the parties and perused the record carefully.

7.             Ld. Counsel for the complainant argued that the theft of motor-cycle of complainant took place on 02.09.2017 and an FIR in this regard was lodged by the complainant on 06.09.2017.  The complainant lodged the claim with the Op but they repudiated the claim without any reason and till today they have not given any money to the complainant.  On the other hand, ld. Counsel for the Op argued that this is a pre-mature case.  The complainant has not submitted the documents as demanded by the Ops vide letter dt. 01.03.2018, Ex.R2.  He further argued that if they produce all the documents in the company, then the company will settle the claim of complainant.  He further argued that the complainant has also written to the company an application regarding continue to insurance claim file, which is Ex.R3.

8.             From the pleadings and evidence of the case, it is clear that it is a pre-mature case.  So, without going into any other controversy, we direct the complainant to submit the documents as demanded by the Op vide letter, Ex.R2 within one from the date of communication of this order and also direct the Op to settle the claim within one month after submission of documents by the complainant with the OP.  However, it is made clear that after submission of documents by the complainant with the Op, if the OP has failed to settle the claim within one month, then the Op is liable to pay Rs.32,620/- to the complainant and in case the vehicle is recovered in future and is handed over to the complainant, he shall be bound to transfer the RC of the vehicle in favour of the Op and further shall be bound to hand over the vehicle to the Op immediately thereafter.  9.            With these directions, the present complaint is disposed off.                     A copy of said order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:25.09.2018.  

                                                                        (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Tirkha),           (Neelam)       

Member                             Member.