Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay loss of Rs. 1,00,000/- Lakh along with interest @ 14% from the date of claim until realization.
- To pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) by way of compensation and litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
Complainant has asserted that he has taken a insurance policy from opposite party no. 1 and 2 vide annexure – 1 for his TATA INDICA car bearing registration no. BA – 01AJ – 9687 for the period 23.06.2010 to 22.06.2011. The aforesaid vehicle met an accident on 24.08.2010 and thereafter information of the aforesaid accident was lodged by the complainant in toll free no. 180020055 to the opposite parties. Thereafter the opposite parties allotted claim no. 519386 to the complainant and deputed a surveyor for investigating the matter. Surveyor investigated the matter and filed his report to the insurance company. Thereafter the complainant approached the opposite parties several times but his claim has not been settled and orally it was stated by opposite parties that your claim has been closed as no claim but not a single letter has been received in this regard from insurance company.
On behalf of the opposite parties insurance company a show cause/ written statement has been filed and in Para – 5 of written statement following facts have been asserted “ that it is true that this opposite party company had issued a private car package policy no. 3362/00504496/000/00 in favour of the complainant for INDICA car bearing registration no. BA – 01 – AJ – 9687 for a period of one year from 23.06.2010 for a total sum insured of Rs. 2,77,695/-.”
It has been further asserted by the opposite parties that as per terms and condition of the policy the complainant has to register a claim by telephone in toll free no. 18002005554 of company.
In Para – 8 of the written statement following facts have been asserted “that the complainant never lodged claim before the insurance company so question of re – opening of claim file does not arise so the statement made in Paragraph no. 2 of the complaint petition is hereby denied.”
It has been further asserted in Para – 11 of written statement that the company is liable to settle the claim as per terms and conditions of the policy but in this case the complainant did not informed the company.
We have heard both the parties in detail.
The brief facts asserted by both the parties have been narrated in the foregoing paragraphs.
From careful perusal of the aforesaid fact it is crystal clear that the insurance company has admitted about the policy the certificate of which has been annexed by the complainant vide annexure – 2.
It further transpires that the claim has not been settled as the claimant has not informed the company in proper toll free no.
No purpose will be served in repeating the same fact again and again.
In aforesaid circumstances we direct the complainant to furnish the entire detail to the opposite parties in proper claim form within a period of one months from the date of receipt of this order or certified copy of this order and if the aforesaid documents with claim form in received by the insurance company within the period of one month the insurance company is directed to decide the claim of the complainant with sympathetic attitude within the period of two months from date of receipt of complaint petition without raising the ground of delay.
With the aforesaid direction this complaint petition stands disposed off.
Member President
