Haryana

Bhiwani

CC/29/2019

Sukhbir - Complainant(s)

Versus

NIC - Opp.Party(s)

Narender Katwal

04 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 29 of 2019

                                                                Date of Institution    : 05.02.2019

                                                                Date of decision:      : 04.01.2024

 

Sukhbir son of Sh. Chittar Singh R/o village Palwas, Tehsil and District Bhiwani.

                                                            ...Complainant. 

 

                                                    Versus.

1. National Insurance Company Ltd. having one of its Branch Office at Ghantaghar Chowk, Bhiwani, Tehsil and District Bhiwani, through its Branch Manager.

 

2. National Insurance Company Ltd., Hero Motocorp Vertical, Delhi DO X,803 A, 8^th Floor, Tower-C, through its Managing Director, Konnecetus Building, Opposite New Delhi Railway Station, Bhavbhuti Marg, New Delhi-110002.

 

3. M/s Jaya Automobiles, Vidya Nagar, Meham Road, Bhiwani, Tehsil and District Bhiwani through its Manager/Head.

 

...Opposite parties.

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Narender Katiwal, Advocate for the complainant.

OPs exparte.

 

                                                  ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER:

1.                 Brief facts of the case are that complainant purchased a new motorcycle Hero Suplender+ Model 2011 from OP No.3 and this OP get registered the vehicle with RTA, Bhiwani vide registration No.HR-16K-4905 (in short the motorcycle).  The motorcycle was insured from OpP No.1 & 2 w.e.f. 12.01.2016 to 11.01.2017.  As per complainant, the motorcycle was stolen by someone on 26.07.2016 from village Tigrana, Bhiwani and complainant got lodge FIR No.461 dated 27.07.2016 at P.S. Sadar Bhiwani qua the incident.  A claim, in this regard, was submitted to OPs No.1 & 2 but the OPs did not pay any heed to the genuine requests of complainant despite various visits. So, complainant get served a legal notice upon the OPs but of no avail.  As such, complainant has alleged that the act & conduct of Ops amount to deficiency in service causing monetary loss besides harassment to him. Hence, the present complaint has been preferred seeking directions against the Ops to pay Rs.19,458/- to the complainant, alongwith interest @18% per annum from the date of incident, further to pay Rs.2.00 lac towards compensation for harassment. Any other relief to which this Commission deem fit has also been sought.

2.                 Notices were sent to the OPs but they did not bother to appear, as such, OPs No.1 & 2 were proceeded against exparte vide order dated 14.10.2019 and OP No.3 on 05.04.2019.

3.                 No evidence produced on behalf of complainant despite availing sufficient opportunities, hence, exparte evidence of complainant was closed by Court vide order dated 14.09.2022.

4.                 We have heard learned counsel for complainant and perused the record carefully.

5.                 Perusal of photocopy of registration certificate (Annexure C-5) reveals that the complainant is registered owner of the vehicle in question.  Annexure C-4 is the insurance policy qua the vehicle in question for the relevant period of time and IDV of the vehicle was Rs.19,458/-. Copy of letter dated 07.06.2017 issued by OP, placed on file by complainant side whereby OP insurance company has asked complainant to submit copy of letter written to RTO by complainant & some other formalities. Such letter to RTO has been placed on record by complainant as Annexure C-3 wherein complainant requested the registering authority concerned not to transfer ownership of vehicle No.HR16K-4905 in the name of any other person nor to issue NOC qua the vehicle, as the vehicle has stolen.  The version of complaint supported by affidavit reveals that vehicle was stolen on 26.07.2016 and FIR No.461 dated 27.07.2016 at P.S. Sadar Bhiwani was lodged. Further, on the relevant point of time, the vehicle was under the insurance cover.  However, complainant has not placed on record order qua untrace report of the vehicle, which too sought by OP insurance company vide its letter dated 07.06.2017.  

6.                 After hearing learned counsel for the parties and going through the record, we are of the view that there is sufficient material on record which makes complainant entitled for the IDV claim of the stolen vehicle and OPs No.1 & 2 remained negligent and deficient in releasing the claim to the complainant.   Accordingly the complaint is allowed and OPs No.1 & 2, jointly and severally, are directed to comply with the following directions within 40 days from the communication of this order:-

(i)       To pay a sum of Rs.19,458/- (Rs. Nineteen thousand four hundred fifty eight) as IDV, to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till its realization subject to completing formalities viz. letter of Subrogation & affidavit etc. qua transfer of vehicle in question in favour of OP Insurance Company by the complainant within 15 days from the date of communication of this order.

(ii)      To pay a sum of Rs.5,000/- (Rs.Five thousand) on account of harassment  caused to the complainant.

(iii)     Also to pay a sum of Rs.5,500/- (Rs.Five thousand five hundred) towards litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OPs No.1 & 2 within the stipulated period failing which all the awarded amounts  shall further attract simple interest @ 12% per annum for the period of default.

                    If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs.  File be consigned to the record room after due compliance. 

Announced.

Dated:04.01.2024.

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.