Chandigarh

StateCommission

A/118/2019

Cholamandalam MS General Insurance Company Ltd. - Complainant(s)

Versus

Raghubir Singh - Opp.Party(s)

Krishan M. Vohra Adv.

20 Nov 2019

ORDER

This appeal has been filed by the appellant/opposite party against order dated 01.04.2019 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh vide which, Consumer Complaint bearing No.564 of 2017 filed by the respondent/complainant was partly allowed granting following relief:-

“10.        In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under:-

1. To process the insurance claim of the complainant and decide the same on merits.  The complainant shall supply photocopy of the FIR or say DDR to the OP within a week’s time by registered post from the date of receipt of copy of this order. The OP shall decide the claim on merits within a period of three months to be reckoned from the date of receipt of certified copy of this order.  Needless to mention here, complainant shall be at liberty to challenge the said decision of the OP, if the need so arises.
2. To pay an amount of Rs.25,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

11.        This order be complied with by the OP within three months from the date of receipt of its certified copy, failing which, it shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of remaining directions.”

                        Admittedly, the ill-fated vehicle, of which insurance policy was taken by the complainant as a service, was insured with the opposite party and on the date of the alleged accident i.e. 3.11.2016, the said insurance policy was operative. However, the claim was repudiated by the opposite party on the ground that despite having been intimated twice, the complainant did not submit the required documents and as such, the claim was treated as no claim.

                   Today, Sh. Rajbir Singh, Advocate, Counsel for the respondent has filed an affidavit of Sh. Raghubir Singh, respondent, wherein, the respondent/complainant undertakes to get transfer his commercial vehicle Innova Car bearing No.PB-01-B-7344 insured from the appellant vide policy dated 14.07.2016. The affidavit is taken on record. Copy of the same has been supplied to the Counsel opposite.

                   After going through the record and the impugned order, we are of the opinion, that the District Forum rightly directed the opposite party – Insurance Company to process the insurance claim of the complainant and decide the same on merits.

                   We direct the appellant/opposite party to dispose of the claim of the respondent/complainant within a period of 90 days from today.

                   With aforesaid modification, the impugned order passed by the District Forum-I, U.T., Chandigarh is upheld. The appeal stands dismissed.

                   The amount of Rs.25,000/- deposited by the appellant/opposite party at the time of filing the appeal is lying deposited with this Commission in the shape of Fixed Deposit Receipt.

                   Direction is issued to the Secretary of this Commission to get the aforesaid FDR liquidated and pay the entire amount of Rs.25,000/- including interest to the respondent/complainant subject to verification of his identity proof.

                   Accountant of this Commission should ensure the correctness of the particulars of the cheque to be prepared in favour of the party concerned, before issuing the same, by tallying the particulars from the file.

                   Needful be done within three weeks from today.

                        Certified copies of this order be sent to the parties free of charge