BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM KARNAL.

                                                          Complaint No.829  of 2010

                                                          Date of instt.4.11.2010

                                                          Date of decision:12.02.2015

Smt.Bala wife of late Shri Mamu Ram  son of Shri Antu Ram resident of village Madanpur district Karnal.

                                                                  ……..Complainant.

                   Vs.

1.Reliance General  Insurance Company through its Branch Manager, Sector 12, Urban Estate, Karnal.

2.Reliance General Insurance Company  through its Branch Manager, City Centre, GT Road, Panipat.

                                                                  …..Opposite Parties.

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

Before          Sh.Subhash Goyal……..President.

                   Sh.Subhash Chander Sharma……Member.

Present:-      Sh.S.S.Moonak Advocate for the complainant.

                   Sh.Mohit Goyal Advocate for the Ops.

ORDER

                   The complainant has filed the present complaint against the Ops u/s 12 of the Consumer Protection Act on the grounds that  Sh. Mamu Ram husband of the complainant was the registered owner of the vehicle bearing registration No. HR-45A-1574 which was insured with the OPs vide cover note No. 200702849034   valid w.e.f. 13.1.2010 to 12.1.2011.  Said Sh.Mamu Ram died in a road side accident and the matter was reported to Police Station Sadar, Karnal on 28.7.2010 and FIR No.442 of 2010 u/s 279/304A IPC was registered. Post mortem of the deceased Mamu Ram  was also conducted. As per the insurance policy, the husband of the complainant was insured with the OPs for personal accident claim amounting to Rs.2.00 lakhs. The complainant reported the matter to the OP and also lodged the claim with respect to the death of her husband Sh.Mamu Ram and completed all the formalities but the claim of the complainant has not been paid by the Ops which amounts to deficiency in services on the part of the Ops. Thus, alleging deficiency in services on the part of the Ops, the complainant has filed the present complaint against the Ops and have sought the claim in respect of death of her husband Sh.Mamu Ram  and compensation for the harassment caused to them and also litigation expenses.  Complainant Smt.Bala has also tendered her affidavit in support of the contents of the complaint alongwith certain other documents which will be discussed at the relevant places.

2.                On notice the Ops  appeared and filed joint written statement raising the preliminary objections that the complainant has not come to the court with clean hands and that there was no deficiency in services on the part of the Ops..

                   On merits it has been contended that the complainant has never lodged any OD/PA claim  with the answering OPs arising out from the cover note and thus it was further contended that there was no deficiency in services on the part of the Ops and dismissal of the complaint has been sought. Sh.Abhilash Chander, Assistant Manager of the OP has also tendered his affidavit in support of the contentions made in the written statement.

3.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

4.                After going through the evidence on the file and circumstances of the present case, it emerges that the complainant has not produced any evidence on the file to show that the complainant ever informed the Ops regarding the death of the deceased Mamu Ram   or lodged claim with the OPs regarding the death of deceased Mamu Ram .  In such circumstances, it has to be held that in the absence of lodging of any claim no deficiency can be said to have taken place on the part of the OPs and as such no cause of action can be said to have accrued in favour of the complainant and thus the present complaint is pre-mature.

5.                Therefore, in view of the above discussion, we direct the complainant to lodge  the claim with the OPs regarding death of her husband Mamu Ram   within a period of thirty  days and thereafter the OPs shall settle the claim of the complainant within a period of thirty days.   The present complaint is disposed off accordingly. The parties concerned be communicated of the order accordingly and file be consigned to the record room after due compliance.

Announced

12..2.2015                                                  (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

                   (Subhash Chander Sharma)

                             Member

Present Sh.S.S.Moonak Advocate for the complainant.

          Sh.Mohit GoyalnAdvocate for the Ops.

          Arguments heard. Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

12..2.2015                                                  (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

                   (Subhash Chander Sharma)

                             Member