THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:216 of 2014.
Date of Institution: 01.08.2014.
Date of Decision:17.11.2016
Joginder Singh son of Kanhi Ram, resident of village Alampur, Tehsil Tosham, District Bhiwani.
….Complainant.
Versus
- Branch Manager, National Insurance Company Limited, Ghantaghar Bhiwani.
- Regional Manager, National Insurance Company Limited, Rohtak.
- Manager, Maruti Insurance Broking Private Limited Jagmohan Motors Limited, Rohtak Road Bhiwani.
…...Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Shri Sanjay Dadma, Advocate, for complainant.
Shri R.K. Verma, Advocate for Ops no. 1 & 2.
Shri Satender Ghangas, Advocate proxy counsel of
Shri A. Sardana, Advocate for OP no. 3.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he is sole registered owner of Maruti Swift VDI bearing registration No. HR-48L/2657 which was got insured vide policy bearing no. 35101031126131372151 on dated 08.06.2012 with the Ops no. 1 & 2 through OP no. 3 and paid Rs. 17,512/- which was valid till 07.06.2013. It is alleged that the vehicle in question was snatched on 11.12.2012 and an FIR no. 359 dated 12.12.2012 was registered under Section 392 IPC and 25/25 (54)/59 of Arms Act. The complainant also lodged the claim with Ops no. 1 & 2. The complainant also got deposited the required documents with the Ops no. 1 & 2 and the untrace report of the vehicle has been accepted by the JMIC, Bhiwani vide order dated 04.01.2014. It is alleged that after several visits OP no. 1 & 2 failed to settle the claim of the complainant. Hence, it amounts to deficiency in service on the part of opposite parties and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the Ops no. 1 & 2 filed written statement alleging therein that intimation regarding the alleged theft was received in the office of OP no. 2 mentioning therein that theft has been taken place on 11.12.2012. It is submitted that after receiving intimation OP no. 2 has deputed investigator to carry out the investigation in the case and submitted his report dated 23.03.2013 after receiving the report from investigator OP no. 2 has sent a letter dated 16.05.2013, followed by reminders 16.07.2013, 23.09.2013 and 20.11.2013 mentioning therein to fulfill the documents but complainant failed to do so. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties no. 1 & 2 and complaint of the complainant is liable to be dismissed with costs.
3. OP no. 3 on appearance filed separate written statement alleging therein that the complainant has neither claimed any relief against the answering respondent nor the complaint disclose any cause of action against the answering respondent. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party no. 3and complaint of the complainant is liable to be dismissed with costs.
4. In order to make out his case, the counsel for complainant has tendered into evidence documents Annexure C1 to Annexure C-11 alongwith supporting affidavit.
5. In reply thereto, the counsel for opposite parties no. 1 & 2 has tendered into evidence documents Annexure R-1 to Annexure R-11 alongwith supporting affidavit.
6. We have gone through the record of the case carefully and have heard the learned counsel for the parties.
7. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the vehicle in question was snatched on 11.12.2012 and an FIR no. 359 dated 12.12.2012 was registered under Section 392 IPC and 25/25 (54)/59 of Arms Act. The complainant also lodged the claim with Ops no. 1 & 2. The complainant also got deposited the required documents with the Ops no. 1 & 2. The untrace report of the vehicle has been accepted by the JMIC, Bhiwani vide order dated 04.01.2014.
8. Learned counsel for the Ops reiterated the contents of the reply. He made statement that the complainant kindly be directed to deposit the various documents as mentioned in the statement with the OP and then OP shall process the claim of the complainant.
9. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The vehicle in question was snatched from the complainant by the culprits on 11.12.2012 and the FIR no. 359 dated 12.12.2012 Annexure C-2 was registered with the concerned Police Station Tosham, District Bhiwani. The counsel for the complainant has contended that vide letter dated 24.04.2014 sent the documents required by the Ops no. 1 & 2 through registered post. The said letter is Annexure C-7 and postal receipt is Annexure C-8. No reply of said letter has been accepted by the complainant as per the contention of the counsel for the complainant and thereafter the complainant filed the present complaint on 01.08.2014. The snatching of the vehicle is not disputed by the Ops no. 1 & 2. The untrace report has also been accepted by the concerned JMIC, Bhiwani. The Ops no. 1 & 2 have taken plea of non submission of the documents by the complainant. The complainant has sent the documents by registered post vide letter dated 24.04.2014, thereafter there is no response on behalf of Ops no. 1 & 2 regarding claim of the complainant. As per the contention of the complainant the vehicle was insured for a sum of Rs. 570909/- vide insurance cover note Annexure C-1 which is not disputed by the Ops no. 1 & 2. Considering the facts and circumstances of the case, we allow the complaint of the complainant and direct the Ops no. 1 & 2 to pay the insured amount to the complainant alongwith interest at the rate of 6 per cent per annum from the date of complaint till the date of payment. The complainant is also directed to furnish the letter of subrogation, indemnity bond etc. to the Ops and thereafter the Ops no. 1 & 2 are directed to comply with this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 17.11.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member Member
