Haryana

Karnal

CC/2/2022

Monika - Complainant(s)

Versus

Royal Sundaram General Insurance Company Limited - Opp.Party(s)

Sandeep Khokhar

13 Jan 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                          Complaint No. 02 of 2022

                                                          Date of instt.03.01.2022

                                                          Date of Decision 13.01.2022

 

Monika, B-82, Block-A, Teacher Colony, Samay Pur, Delhi-110042.

 

                                                 …….Complainant.

                                              Versus

 

Royal Sundaram, General Insurance Co. Ltd. Corporate Claims Department, Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR) Karapakkam, Chennai-600097, through claim Manager.

 

                                                                        …..Opposite Party.

      Complaint u/s 35 of the Consumer Protection Act, 2019

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Sandeep Kokhar, counsel for complainant.

                                        

                (Jaswant Singh President)

ORDER:                    

 

                Today the case was fixed for consideration on the point of maintainability of the complaint.

2.             The brief facts of the complaint are that complainant got insured her vehicle bearing registration no.DL04CNA4479 with the opposite party (hereinafter referred to as ‘OP’), vide policy no.VPC0894383000101, valid from 17.10.2018 to midnight 16.10.2019. On 02.09.2019 the said vehicle of the complainant met with an accident in District Karnal and the said vehicle was damaged in said accident and was shifted to Anmol Automobiles, Karnal on 07.09.2019. The intimation regarding the said accident was sent to OP and after receiving the intimation, OP appointed a surveyor to investigate the matter and to assess the loss. Complainant completed all the requisite formalities. It is further averred that OP never permitted to repair the said vehicle till today even after repeated requests made by the complainant and postponed the matter on one pretext or the other. The OP also never gave any intimation to the complainant regarding claim of the complainant and even after the lapse of two years, the OP has not released the claim amount to the complainant nor supplied any survey report to her.  The vehicle of the complainant is still lying unrepaired in Delhi and complainant has approximately spent Rs.five lakhs on transportation as vehicle of the complainant is lying in damaged/unrepaired condition. In this way there was a deficiency in service on the part of the OP. Hence this complaint.

3.             Arguments on the point of admissibility heard.

4.             On perusal of record, it is revealed that the complainant resides at Delhi and she got insured her vehicle from OP office situated at Chennai. As per version of complainant the accident took place in Karnal but she failed to place on file any documents to ascertain the fact that the accident in question took place at Karnal. During the course of arguments learned counsel for complainant has placed on record copy of letter dated 03.12.2019, written by Karnal Associates Investigating and Detective Agency Karnal to complainant in which the said associates have requested the complainant to show the place of accident but she failed to prove that the accident took place at Karnal. Neither DDR nor any FIR was registered by the complainant with regard to the accident in question in Karnal. Hence, we are of the considered view that no cause of action has arisen at Karnal. So, at this stage, this Commission has no territorial jurisdiction to entertain the said complaint and the same deserves to be dismissal.

 5.            Thus, as a sequel to abovesaid discussion, present complaint is not maintainable and the same is hereby dismissed at the stage of admission. However, the complainant is at liberty to file the complaint before the competent court of law, if so desired. The party concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 13.01.2022

                                                                President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

             (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                   Member                  Member