Haryana

Karnal

97/2013

Umed S/o Sube Singh - Complainant(s)

Versus

Shriram General Insurance Company - Opp.Party(s)

R.K. Sharma

02 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM KARNAL.

 

                                                          Complaint No.97 of 2013

                                                          Date of instt.19.02.2013

                                                          Date of decision:9.12.2015

 

Umed  son of Sube Singh, resident of village Kurar tehsil and district Sonepat.

                                                                  ……..Complainant.

                   Vs.

 

Shriram General Insurance company Limited, Branch office  at 102018 SCO  No.410, First Floor, Mugal Canal, Karnal District Karnal through its Branch Manager.

                                                                  …..Opposite Party.

 

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

 

Before          Sh.K.C.Sharma ……..President.

                   Smt.Shashi Sharma……Member.

                   Sh.Anil Sharma……………Member.

 

 

 

Present:-       Sh.R.K.Sharma Advocate for the complainant.

                   Sh.Vineet Rathore  Advocate for the Opposite Party.

ORDER

 

                   This  complainant has been  filed by the complainant  12 of the Consumer Protection Act, on the averments  that the vehicle bearing registration No.JR-55H-0871 owned by the complainant was insured with the Opposite Party  for the period of 23.4.2011 to 22.4.2012 vide insurance policy No. 102018/31/001111.   The said vehicle met with an accident on 7.9.2011  in District Chitorgarh, Rajasthan  and First Information Report No.191/2011 was lodged in Police Station Gangsar District  Chitorgarh. In the said accident, the vehicle was damaged, the driver Pawan died and conductor/cleaner  Sandeep suffered injuries.   The driver of the said vehicle was having a valid and effective driving licence at the time of accident. The complainant spent Rs.7,34,919/- on the  repairs of the said vehicle. Thereafter, the complainant lodged the claim with the Opposite Party, but the Opposite Party  did not accede to his request, which amounts to deficiency in services on the part of the Opposite Party. He suffered mental agony and  harassment apart from financial loss, due to act and conduct of the Opposite Party .

 

 

2.                 On notice the Opposite Party  appeared and filed  written statement controverting the claim of the complainant. Objections have been raised that the complaint is pre-mature; that the complainant has no locus standi and cause of action to file the present complaint;  that the complaint is false, frivolous  and vexatious  and that the  complainant has suppressed the true and material facts.

 

                   On merits, issuance of the insurance  policy in respect of the vehicle of the complainant and damaged to the said vehicle in the accident  has not been denied. It has been pleaded that  the complainant neither lodged any claim nor submitted any documents with the Opposite Party , therefore, the question of deciding the claim of the  damaged vehicle could not arise at all.  The complainant intimated the Opposite Party   about the accident after nine days i.e. on 7.9.2011.The complainant did not furnish the explanation for delay and documents  despite letters dated 20.9.2011, 30.12.2011, 18.2.2011 and 6.1.2012. The other averments made in the complaint have been denied.

 

3.                 In evidence of the complainant, he filed  his affidavit Ex.C1 and documents Ex.C2 to Ex.C17.

 

4.                 On the other hand, in evidence of Opposite Party, affidavit of Sh.Vishal Gupta, Assistant Manager (Legal) Ex.OP1/A and documents  Ex.OP1 to Ex.OP10 have been tendered.

 

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

 

6.                 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 lodged claim with the Opposite Party   and submitted the documents required by the  Opposite Party   vide letters Ex.OP1 to Ex.OP4. The Opposite Party has specifically pleaded that the claim of the complainant has not been repudiated. In such circumstances, in the absence of lodging of any claim and submitting required documents, no deficiency can be said to have taken place on the part of the Opposite Party  and as such no cause of action accrued  to the complainant.  Thus the present complaint is pre-mature.

 

7.                 Therefore, in view of the above discussion, we direct the complainant to lodge the claim alongwith required documents with the Opposite Party  regarding damages caused to his vehicle,  within a period of  fifteen days and thereafter the Opposite Party  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.
dated:09.12.2015                                                                          

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )  (Smt.Shashi Sharma)    

    Member            Member.

 

 

 

 

Present:-       Sh.R.K.Sharma Advocate for the complainant.

                   Sh.Vineet Rathore  Advocate for the Opposite Party.

 

                   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.
dated:09.12.2015                                                                          

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma )  (Smt.Shashi Sharma)    

    Member            Member.