MS. NIPUR CHANDNA, MEMBER

ORDER

21.11.2024

1.       A complaint under Section 35 of Consumer Protection Act filed. In brief the facts are that complainant is the owner of the vehicle bearing Reg No. DL 1MA 3371. On 29.05.2023 while running from Budh Vihar to Ladpur Jonti Village and having 1500 bricks in his vehicle, suddenly the vehicle caught file nearby gearbox. The complainant immediately informed the PCR and fire brigade. The police and fire brigade arrived and controlled the fire. On the same day intimation of the incident was given to the OP Ins. Co. who appointed the surveyor. The vehicle was shifted to mangolpuri industrial area for repairing and the surveyor on  30.05.2023 visited the site and inspect the vehicle.

2.       On 20.06.2023 OP demanded the requisite documents such as spot photographs, pan card, load challan etc. and the same was duly furnished to OP by complainant. On 01.07.2023 complainant send the vehicle to Shiva Motors for repairing, who after inspecting gave the estimate of Rs. 3,64,530/- to the complainant. It is further stated by the complainant that after unreasonable delay on 18.08.2023 OP gave approval for repairing of the vehicle due to which complainant suffered financial loss. It is further alleged that on 28.08.2023 Shiva Motors send the invoice of Rs. 1,17,597/- out of which complainant was compelled to pay Rs. 64,097/-. It is alleged by the complainant that he suffered financial loss and mental agony due to deficiency in service on the part of OP, hence, he is entitled for the relief claim.

3.       Present complaint case is on admission stage. We have heard Ms. Mamta counsel for complainant on the issue of maintainability of the complaint and have perused the record.

4.       The complainant has placed on record copy of the payment receipt in the name of one Sh. Vikash, he has also placed on record the general diary dated  29.05.2023, copy of fire report, copy of letter received from surveyor dated 20.06.2023 and email, copy of claim form, copy of discharge voucher in support of his contention.  

5.       Admittedly, in the present complaint case complainant has failed to place on record the copy of the policy documents which is a vital document which proved the liability of insurer toward complainant to indemnify the loss in question. The complainant has alleged in his complaint that out of the total claim of Rs. 1,17,597/- he was compelled to pay a sum of Rs. 64,097/- but failed to place on record any documentary evidence in respect to the same.

6.       Admittedly, in the present complaint case the complainant failed to place on record the copy of the policy documents as well as the claim settlement letter and denial of the balance claim by OP,  hence, no substantive cause of action arose in favor of complainant and against OP for filing the present complaint case. The present complaint case is therefore not maintainable before this Commission, hence dismissed being without any cause of action against OP. 

7.       With the above observation present complaint stands dismissed. File be consigned to record room.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   21.11.2024.

Sanjay Kumar                                         Nipur Chandna                     

               President                                                         Member