BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NUH (MEWAT).
Complaint No. 01 of 2016
Date of Instt:-08.01.2016
Date of Decision:-02.05.2018
Liyakat Ali son of Majeed, aged 28 years, resident of village Dheerdhuka, Tehsil Nuh District Mewat.
.......Complainant
Versus
Shri Ram General Insurance Company Ltd. SCF 1st Floor, Sector-14, Gurgaon through its Divisional Officer.
......Opposite party
Complaint under Section 12 of
Consumer Protection Act, 1986
Before:- Sh. Rajbir Singh Dahiya, President
Smt. Urmil Beniwal, Member
Present:- Mr. Naseem Ahmad, Adv. for the complainant.
Sh. Sandeep Mittal, Adv. for the opposite party.
Order:- R.S. Dahiya, President
The facts of the complaint in brief are that the complainant is a registered owner of the vehicle bearing registration No. HR-55/C-4669, which was insured with the opposite party. On 19.9.2013 the said vehicle was damaged in a road-side accident. The complainant informed to the opposite party regarding the accident. The spot survey was conducted by the surveyor of the opposite party. The opposite party assured the complainant that opposite party-Insurance Company will pay the full amount of bills of repairing of the damaged vehicle. The complainant so many times requested to the opposite party for payment of Rs. 3,55,000/- as repair charges and Rs. 20,000/- taxi charges has been spent by the complainant but after many requested and visits the claim has still pending with the opposite party. Hence, this complaint.
2. The complainant file an application before the permanent Lok Adalat-cum-Utility Court at Nuh, which has been dismissed as withdrawn with liberty to the complainant to approach the Civil Court or any other Competent Forum for Redressal of his grievances vide order dated 30.1.2015.
3. Pursuant to notice, the opposite party appeared and filed reply agitating that the complainant has never informed to the opposite party-Insurance Company about the alleged accident, nor file any documents i.e. fitness certificate, copy of load challan/GRL/Bilty/Weighing slip, certified copy of FIR/Charge sheet, repairers bills and estimates, third party vehicle detail if any, list of occupants and their details, registration certificate of insured vehicle, route permit of insured vehicle etc., as a result, the claim of the complainant is not settled till today. It is also submitted that the complainant had never given any opportunity to the surveyor of the Company to inspect the damage vehicle on the spot. In such circumstances, the insurance company-opposite party is not liable to pay any amount/compensation to the complainant. The present complaint is not maintainable in the present forum. Dismissal of complaint is prayed for with heavy costs.
4. In evidence, the complainant has produced his own affidavit Ex. C1, copy of RC Mark-A, copy of fitness certificate Mark-B, policy schedule Mark-C, copy of permit Mark-D, copy of receipt Mark-E and copies of bills Mark-F to Mark-I and closed the evidence. On the other hand, the opposite party has produced the affidavit of Shaikesh Legal Manager Ex. RW1/A, copy of survey report Annexure-A, copies of letter Annexure-B to Annexure-E and closed the evidence.
5. We have heard the arguments of both the parties and also perused the documents placed on file. It is clear from the Annexure-B to Annexure-E (Letter) of the opposite party that the complainant has not yet submitted the required documents with the opposite party for claim amount. Repudiation letter has also not placed on the file by the both the parties, it seems that the claim of the complainant is still pending with the opposite party. We feel that in the absence of the required documents, the claim of the complainant could not be settled. So, we direct the complainant to submit the required documents as early as possible and further direct the opposite parties that after receiving the relevant documents from the complainant, the opposite party shall take an appropriate action within 30 days from the receipt of documents. Complaint is disposed of accordingly with the observation that in case the complainant not satisfied with the decision of the opposite party he shall be at liberty to file the fresh complaint. Original documents exhibits submitted by both the parties shall be returned to them and photocopy of the same be placed on record. Copies of order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced on 2.5.2018
President
Member District Consumer Disputes
Redressal Forum, Nuh (Mewat)
2.5.2018
Note: This judgment consisting three pages, each pages has been checked carefully, and signed by us.
President
Member District Consumer Disputes
Redressal Forum/Nuh (Mewat)
2.5.2018
