Complainant Rajesh Bhagat through the present complaint filed U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short The Act) has prayed that opposite parties be directed to pay the amount of Rs.4,46,990/- along with interest at the rate of 18% per annum from the date of accident till actual realization. He has also claimed Rs.50,000/- as litigation expenses, mental harassment, travelling expenses and other expenses, all in the interest of justice and fair play.

2.       The case of the complainant in brief is that he had insured one AMW-2518 Tipper bearing Registration Number PB06M-2327 with the opposite parties for Rs.13,00,000/-  vide policy Number 233890/31/2013/3314 for the period from 12.12.2012 to 11.12.2013. It was pleaded that on 4.7.2013 when the Tipper reached near Baba Bakala at about 5.30 A.M. which was driven by driver Amritpal Singh son of Jaswant Singh, the front r/s tyre burst and as a result it went over the centre verge collided with an eletric pole  and capsized to its left side causing heavy damage to the said vehicle. The matter was reported to the opposite parties who appointed the Surveyor. It was further pleaded that complainant got his Tipper repaired and had also purchased its spare parts from M/s Dhawan Motors, Gurdaspur and M/s Dashmesh Tyre House, Batala and submitted the bill of Rs.4,46,990/- including labour charges etc. but the opposite parties had not paid any amount to the complainant. It was also pleaded that complainant is entitled for the amount of Rs.4,46,990/- along with interest at the rate of 18% per annum from the date of accident till realization of the amount. Complainant is also entitled to the damages due to deficiency in service on the part of the opposite parties. It was next pleaded that due to the above mentioned acts, there is deficiency in service on the part of the opposite parties within the definition of Consumer Protection Act and for this negligence and non-compliance on its part will make itself liable for the damages and consequences, hence this complaint. 

3.       Upon notice, the opposite parties insurer appeared through their counsel and filed its written version taking the preliminary objection that the complaint had not completed the formalities of the claim. He had not produced the copy of load challan for completion of the claim formalities in spite of various demands of the opposite parties through letters dated 03.06.2014 and 18.06.2015. On merits, it was stated that after receiving the intimation of loss the opposite party deputed Sh.Sanjay Sarain, Surveyor and Loss Assessor for sport survey who submitted his report on 08.07.2013. En. Arun Udey Singh Surveyor and Loss Assessor also assessed the loss to the tune of Rs.127944/- and submitted his report on 4.12.2013. It was further stated after arrival of final survey report opposite parties asked the complainant to submit the documents but he had failed to produce the load challan which was required for the settlement of the claim and as such without this document opposite party cannot settle the claim of the complainant. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed.

4.       Counsel for the complainant had tendered into evidence affidavit of complainant Ex.C1 and copies of documents Ex.C2 to Ex.C6 and closed the evidence on behalf of complainant.

5.        Sh.Daulat Ram Incharge of the opposite parties had tendered into evidence his duly sworn affidavit Ex.OP-1 along with documents ExOP-2 to Ex.OP-6 and closed the evidence on behalf of opposite parties.

6.        We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

7.       From the pleadings and evidence on record we find that the opposite party vide letter Ex.OP2 dated 3.6.2014 and OP3 dated 18.6.2015 has not yet finally decided the insurance claim of the claimant and have rather sought certain documents/information i.e. Load challan of the vehicle from the complainant which the complainant is bound to supply. Thus we dispose of the complaint and direct the complainant to approach the opposite party and submit the requisite documents/information desired by them for settling the insurance claim within 15 days of the receipt of these orders and further direct the opposite party insurance providers to decide the claim as per the terms and conditions of the policy within 15 days of the receipt of documents from the complainant. The opposite party is further directed to decide insurance claim duly filed by the complainants duly verified as per the settled procedure laid down by their regulating Agency IRDA.

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

                                                                            (Naveen Puri)

                                                                                    President

Announced:                                                            (Jagdeep Kaur)

December 23, 2015                                                         Member

*YP*