Order No.   28    Dated  30/12/2015.

       The case of the complainant in short is that complainant is the owner of the vehicle TATA-LTP-2516 bearing no.WB 23B 5801. Complainant purchased the said vehicle in a total sum of Rs.13,36,650/- under the finance of Kotak Mahindra Bank Ltd. Complainant further stated that the said vehicle has been insured with o.p. no.1 under policy no.015050839300 on a premium of Rs.36.956/- for a period covered from 30.7.08 to 29.7.09. Complainant further stated that during the validity of the insurance period the vehicle was loaded with consignment for transportation and delivered at Sahibadad. The consignment invoice number is 4600007001 dt.10.6.09. Complainant further stated that when the vehicle reached near Karnel Dhaba in the district of Lakhinpur Kheri, U.P. on 30.6.09 some miscreants at the gun point had snatched the said vehicle of complainant with consignment. The value of which would be Rs.2,66,195/-.

            Complainant further stated that the driver of the said vehicle Sri Joy Singh was thrown out from the vehicle who fell down by the side of the road and remained unconscious and thereafter he informed the police station on 14.6.09.

            Complainant further stated that he in turned informed the incident to o.p. and requested for making payment of the insurance value. Complainant further stated that the concerned P.S. refused to record FIR of the incident and complainant thereafter made a complaint dt.20.6.09 to the S.P. of Lakhinpur Kheri and requested for registering FIR and undertake investigation according to law. The S.P. made necessary endorsement and forwarded the same to the concerned P.S. but unfortunately concerned P.S. did not take any action.

            Complainant at last submitted a petition of complaint u/s 156(3) of the CrPC before the competent court of law on 30.6.09 praying for treating his petition as FIR and prayed for undertaking investigation according to law. Ld. Court allowed the prayer and directed for sending the same to the concerned P.S. for treating the same as FIR and undertaking investigation. Unfortunately the police without making investigation submitted its final report stating that no such incident did occur.

            Complainant being aggrieved filed the revision petition praying for lawful investigation by superior police officer and the Ld. Local Court has been pleased to quash the final report of the police with the direction for reinvestigation.

            Complainant submitted the entire papers and documents to o.p. claiming settlement according to the terms and conditions but complainant unfortunately did not succeed. Even after a great deal of persuasion as stated hereinabove complainant failed to receive any insurance value from o.p. Under such circumstances complainant filed the instant case with the prayers contained in the prayer portion of the petition of complaint.

            Sole o.p. appeared before this case by filing w/v and contested the case. Ld. lawyer of o.p. interalia submitted that complainant had not complied the terms and conditions of the policy and as such, complainant is not entitled to any relief. Beside this, o.p. also submitted that the police authority upon investigation totally denied that no such incident happened as has been alleged by complainant in the petition of complaint and as such, o.p. interalia prayed for dismissal of the case on the ground as stated above.

Decision with reasons:

            Upon considering the submissions of both the parties and on careful scrutiny of the entire materials on record, this Forum holds that complainant lodged FIR in respect of the incident immediately after the incident took place before the local police station, but police authority had not started any enquiry and/or investigation in the matter. Thereafter complainant immediately communicated the matter to the local S.P. who would in turn referred the matter to local police station, but unfortunately local police station did nothing The complainant moved before the competent court u/s 156(3) CrPC and upon that petition ld. court directed to treat the said petition as FIR and directed to investigate the matter and submit the report before the ld. court. Thereafter local police station finally submitted the report i.e. final report stating that there was no such incident happened as has been alleged by complainant, but this Forum further observed that the policy authority made a huge delay to start investigation, as such, perhaps they had submitted such final report that no such incident took place. This Forum holds that complainant tried his level best and knocked the every possible corner for investigation at right time but unfortunately police was very much inactive and not started investigation in proper time and lastly submitted final report in response to a petition filed by complainant u/s 156(3) CrPC before the ld. competent court since a considerable time has already been lapsed from the date of incident and submission of final report after filing case u/s 156(3) CrPC. So, there are every possibility to state by the policy authority that there was no incident took place as has been alleged by complainant. So, the benefit of doubt goes to the complainant because they tried their level best as stated above to start investigation in proper time by the police authority. This Forum holds that police authority made huge lapses to start investigation in proper time. So, it is reasonable to believe that such final report submitted by police authority is due to wastage of time by the police authority to start investigation and during the passage of such time evidence of such incident may be abolished. Under such circumstances, this Forum holds that it is just and proper in relying upon the spirit of judgment reported in II (2010) CPJ 9 (SC) complainant is entitled to relief on non standard basis.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.5,00,000/- (Rupees five lakhs) only on non standard basis and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.      

            Supply certified copy of this order to the parties free of cost.