DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 15 OF 2017
Sunil Kumar Goel ( 40 Yrs.),
S/O: Mohanlal Goel,
R/O: Sarbahal Road,Jharsuguda,
PS/PS/Dist: Jharsuguda, Odisha…………………...…………………Complainant.
Versus
The Branch Manager,
The New India Assurance Co. Ltd.,
1sr Floor, Mishra Complex,
Mangal Bazar Road,Jharsuguda,
PO/PS/Dist: Jharsuguda, Odisha…………………...................….…...Opp. Party.
Counsel for the Parties:-
For the Complainant Sri A.K.Goel, Adv. & Associates.
For the Opp. Parties Self( Ex-Parte).
Date of Order: 12.04.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member (W).
Shri S.K.Ojha, Member : - The complainant case in brief is that he is the registered owner of one Bajaj Platina Motor Cycle bearing Regn. No. OR 23 C 7587, insured with the O.P. The insurance was valid from dtd. 10.05.2015 to 09.05.2016. On dtd. 26.05.2015 the said vehicle was stolen from the residential house of the complainant, informed to the O.P by phone and as per their instruction the complainant lodged FIR in the Police Station, Jharsuguda vide No.271 dtd.02.06.2015 corresponding to GR Case No.929/2015. On 08.06.2015 the complainant submitted claim with the said FIR along with relevant documents on different date. On dtd. 10.01.2017 the O.P sent a letter to the complainant with intention to repudiate the claim on vague grounds, hence this case.
On receiving notice the O.P. kept silent even after providing opportunities and stand ex-parte ultimately.
Heard from the complainant. After the vehicle being stolen from the resident of complainant, the complainant immediately informed to one Mr. Panda of O.P through his mobile number 993800148 from where he got the advise to trace the vehicle within the locality and thereafter lodged FIR before the concerned police station. On advise of Mr. Panda the complainant perform the same and lodged FIR on dtd. 02.06.2015 and submitted the document with insurance claim on dtd. 08.06.2015.The O.P deputed an investigator where the said investigator issued one investigation report on dtd. 19.11.2016 and submitted to the O.P. The complainant mentioned the IDV of the vehicle was Rs.16,200/- only as mentioned the policy certificate.
The O.P by knowing the above mentioned facts and after receiving the notice of this Forum remained silent and failed to either appear or filing his written version, it reveals that the O.P has nothing to say in this case, thus the facts of the complainant is set to be established.
In the above facts and circumstances the complaint petition is hereby allowed by directing the O.P to settle the insurance claim of complainant and pay a sum of Rs.16,200/- ( Rupees sixteen thousand two hundred) only towards the IDV of the stolen vehicle and also pay a sum of Rs.2,000/- ( Rupees two thousand) only towards harassment, mental agony including cost of the case within 30( thirty) days of receipt of this order, failing which the O.P shall pay interest @ 10% per annum on the above mentioned awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 12th day of April’ 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree
A.Nanda,Member ( W) S.L.Behera, President S.K.Ojha, Member
Dictated and corrected by me
S.K.Ojha, Member
