Haryana

Sonipat

CC/168/2015

SURESH KUMAR S/O KEDAR SINGH - Complainant(s)

Versus

THE BRANCH MANAGER UNITED INDIA INSURANCE COM LTD. - Opp.Party(s)

AJAY RATHEE

14 Mar 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

 

Complaint No.168 of 2015

Instituted on: 15.05.2015                 

Date of order: 14.03.2016

 

Suresh Kumar son of Kedar Singh, r/o village Baghru Kalan, tehsil Safidon, distt.Jind.

…Complainant.           Versus

The Branch Manager, United India Ins. Co. Ltd., Safidon Distt. Jind, through its Divisoinal Manager, OIC Ltd., Sonepat.

                                       …Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by:Sh.Ajay Rathee Advocate for complainant.

          Sh.KS Solanki, Adv. for respondent.

 

Before    :Nagender Singh-President. 

          Prabha Wati-Member.

          D.V.Rathi-Member.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging himself to be the registered owner of motor cycle no. HR33C/1113 which was insured with the respondent for the period w.e.f. 9.12.2014 to 8.12.2015 and unfortunately on 23.2.2015, the said vehicle has met with an accident and was got badly damaged.  The complainant got checked his vehicle from Multan Auto Agency, Jind, who has submitted the estimate of repair to the tune of Rs.28000/-.  The respondent has appointed the surveyor, who has inspected the vehicle.  The complainant has requested the respondent several times, but till today, they have not paid any heed to the requests of the complainant and this wrongful act of the respondent has caused unnecessary mental agony and harassment to the complainant. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that false FIR has been registered by the complainant only to extract the claim amount from the respondent.  The complainant till today has not informed the respondent company about the accident.  The respondent has never appointed any surveyor to inspect the vehicle.   The complainant is not entitled for any relief and compensation since there is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

3.        We have heard the learned counsel for both the parties at length.  All the documents have been perused very carefully and minutely.

         Ld. Counsel for the complainant has submitted that his vehicle no.HR33C/1113 has met with an accident on 23.2.2015 and  the repairer Multan Auto Agency has submitted the estimate of repair to the tune of Rs.28000/-. But till date, the respondent has not paid even a single penny to the complainant and that amounts to a grave deficiency in service on the part of the respondent.

         Ld. Counsel for the respondents has argued his case vehemently that false FIR has been registered by the complainant only to extract the claim amount from the respondent.  The complainant till today has not informed the respondent company about the accident.  The respondent has never appointed any surveyor to inspect the vehicle.   The complainant is not entitled for any relief and compensation since there is no deficiency in service on the part of the respondent.

         In our view, the ends of justice would be fully met if the directions are given to both the parties.  Accordingly, we hereby direct the complainant to provide all the required documents to the respondent insurance company within a period of 15 days from the date of passing of this order.  Similarly, the respondent is directed to settle the claim of the complainant as per terms and conditions of the insurance policy within a period of one month, which shall be counted from the day when the complainant provides the required document in the office of the respondent insurance company.

         With these observations, findings and directions, the present complaint stands disposed off.

         Certified copy of this order be provided to

both the parties free of costs.

File be consigned to the record-room.

 

 

 

(Prabha Wati)      (DV Rathi)        (Nagender Singh)

Member, DCDRF       Member, DCDRF,      President

    SNP                SNP              DCDRF SNP.

ANNOUNCED: 16.03.2016