BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Narinder Kumar Sharma son of Hari Chand r/o H.No.207/19, Veena Nagar, Camp Yamuna Nagar, Tehsil Jagadhari, District Yamuna Nagar. Since deceased now represented by his LR and wife Mrs.Kushal Sharma.

…..Complainant

                                       V E R S U S

Reliance General Insurance Company Limited, SCO No.147-148, 1st floor, Sector 9-C, Madhya Marg, Chandigarh, through its Branch Manager.

                                                                   ……Opposite Party

CORAM:     SH.P.D.GOEL                                            PRESIDENT

                   SH.RAJINDER SINGH GILL                         MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA       MEMBER

Argued by:  Sh.Namit Khurana, Counsel for complainant.

                   OP already exparte.

PER P.D.GOEL,PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant got his car bearing registration No.HR-55/BT/6469 insured with OP vide Policy No.2004372311101544 dated 9.2.2007 – Annexure C-1 and paid a premium of Rs.9097/-. It has been stated that the car of the complainant was stolen on 6.9.2007 from Rain Basera, Paonta Sahib (HP) and FIR No.305 dated 7.9.207 – Annexure C-3 was registered with Police Station, Paonta Sahib (HP).  The intimation was also given to the OP for the theft of the car. The regular claim bearing No.2071056719 was filed after completing all legal formalities but the OP had refused to pay the claim, despite repeated requests. Hence, this complaint.

2.                OP did not appear despite due service as such it was proceeded against exparte.

3.                The complainant led evidence in support of his contentions.

4.                We have heard the learned Counsel for the complainant and have also perused the record.

5.                The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to    C-3.  Annexure C-1 is the copy of the insurance policy bearing No.2004372311101544. From this document, it is proved that the complainant got his car bearing registration No.HR-55-B-6469 insured with OP and paid the premium of Rs.9097/-. Annexure  C-2 is the copy of Toll Tax Slip dated 6.9.2007 for a sum of Rs.30/-. Annexure C-3 is the copy of FIR No.305 dated 7.9.2007. 6.                   Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OP to contest the case. Non-settlement of the claim, despite repeated requests of the complainant amounts to deficiency in service on the part of the OP.

6-A.             As a result of the above discussion, the complaint is allowed and the OP is directed to pay the insured amount of Rs.2,50,000/- to the complainant. OP is also directed to pay Rs.5,500/- to the complainant as compensation for mental agony and harassment and Rs.5,000/- as costs of litigation. 

7.                This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to refund the awarded amount along with penal interest @ 12% p.a. from date of filing of the complaint till its realization besides costs of litigation.

8.                 Certified copies of this order be sent to the parties free of charge. The file be consigned.