DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL
CONSUMER COMPLAINT NO.28 of 2013
DATE OF INSTITUTION:- 04.02.2013
DATE OF ORDER:- 19.01.2015
Birender Singh son of Shri Sarjeet Singh, Resident of village Bhankhari, Tehsil Narnaul, Now resident of Gali No.1, Keshav Nagar, Singhana Road, Narnaul, Tehsil Narnaul, District Mahendergarh (Haryana)
……………COMPLAINANT
VERSUS
- The Oriental Insurance Company Ltd. through Manager Branch Office Opposite Mini Secretariat, Mahendergarh Road, Narnaul, Tehsil Narnaul, District Mahendergarh
- The Oriental Insurance Company Ltd. through Manager, Divisional Office, Opposite D-Park, Model Town, Rohtak, District Rohtak (Haryana)
………….. OPPOSITE PARTIES
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Rajesh Jindal, President
Smt. Usha Yadav, Member
L.K. Nandwani, Member
Present:- Shri P. C. Nimbal, Advocate for the complainant.
Shri Udai Singh, Advocate for the opposite parties
ORDER:-
Rajesh Jindal, President:
According to the complaint, brief facts are that the complainant is registered owner of a motor-cycle “Hero Honda Super Splendor” bearing registration No.HR-35C-3153 and got it fully insured with the opposite parties vide policy No.261203/31/2011/3204 for the period from 10.11.2010 to 09.11.2011. The complainant has alleged that on 21.03.2011 he parked his aforesaid motor-cycle after locking inside the Branch of Gurgaon Gramin Bank, Narnaul, but it was stolen by some unknown person. The complainant lodged an FIR No.102 dated 23.03.2011 under Section 379 IPC with police station City Narnaul. The complainant immediately gave intimation with regard to the theft of the motor-cycle to the opposite parties. The complainant applied for claim with the opposite parties after completing all the necessary formalities, whereupon claim No.261203/31/2011/000183 was lodged. Untrace report dated 02.07.2012 was submitted before the Court by the police. The complainant submitted the untrace report with the opposite parties. The complainant has averred that the opposite parties have wrongly and illegally made his claim as ‘no claim’ vide letter dated 14.09.2012. The complainant requested the opposite parties several times to pay the claim, but to no effect. The complainant sent legal notice dated 12.12.2012 to the opposite parties through his counsel Mr. P.C. Nimbal, Advocate, Narnaul, but it went unheeded. The complainant has prayed that the opposite parties be directed to pay the price of the motor-cycle in question to the tune of Rs.40,000/- together with compensation of Rs.20,000/- for mental agony and harassment, totaling to Rs.60,000/- with interest at the rate of 18% per annum.
2. The opposite parties filed joint reply stating, inter-alia, therein that the complainant gave intimation with regard to theft of the motor-cycle too late and did not properly submitted the claim. The opposite parties have averred that the complainant has not submitted the requisite documents viz. DL, RC, Insurance and untrace report with the answering opposite parties despite writing letters and reminders to him and ultimately the claim of the complainant was made ‘no claim’ by the opposite parties. Rests of the allegations as alleged in the complaint are denied. In the end, it is prayed that the complaint be dismissed with costs.
3. In order to make out his case, the complainant has placed on record his own supporting affidavit Annexure C-1, copy of legal notice dated 12.12.2012 Annexure C-2, postal receipt Annexure C-3, copy of registration certificate of vehicle Annexure C-4, copy of motor insurance certificate cum policy schedule Annexure C-5, copy of letter dated 14.09.2012 Annexure C-6, copy of letter dated 09.03.2012 annexure C-7, copy of application dated 03.11.2011 Annexure C-8, copy of FIR No.102 dated 23.03.2011 Annexure C-9 and copy of final report u/s 173 Cr. P.C. Annexure C-10.
4. In reply thereto, the opposite parties have placed on record copy of letter dated 14.09.2012 Annexure R-1, copy of letter dated 20.06.2012 Annexure R-2, copy of letter dated 01.06.2012 Annexure R-3, copy of letter dated 01.05.2012 Annexure R-4 and copy of letter dated 09.03.2012 Annexure R-5.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that despite submitting the necessary documents by the complainant to the opposite parties, the opposite parties have failed to pay the claim to the complainant.
7. Learned counsel for the opposite parties reiterated the contents of the reply. He submitted that the complainant has failed to submit the untrace report of the court, till date. In support of his contention, he referred letters Annexures R-1 to R-5 asking the complainant to submit the untrace report issued by the court.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on record. The untrace report/ final report Annexure C-10 issued by the police under Section 173 Cr. P.C. is on the file, the insurance policy of the motor-cycle in question issued by the opposite parties for the insured amount of Rs.18,000/-, is Annexure C-5. There is no denying the fact that the motor-cycle in question was insured with the opposite parties at the time of theft. The motor-cycle was insured by the opposite parties vide insurance policy annexure C-5 for Rs.18,000/-, issued in the name of the complainant. According to the opposite parties, the complainant has not supplied the required documents. Taking into account every aspect of the case, we allow the complaint of the complainant and direct the complainant to furnish the untrace report issued by the court to the opposite parties and the opposite parties are directed to pay Rs.18,000/- along with interest at the rate of 8% per annum from the date of filing of the complaint till the date of payment, within 30 days, from the date of submission of untrace report by the complainant to the opposite parties. No order as to cost.
Announced:-
19.01.2015
(Smt. Usha Yadav) (L. K. Nandwani) (Rajesh Jindal)
Member Member President,
District Consumer Disputes
Redressal Forum, Narnaul
