Presented by Smt. A.Behera, Member:-

Case of the Complainant is that, he is the registered owner of motorcycle LML Freedom DX vide Regd No. OR-17-C-3261 which was been insured by Opposite Party paying the required premium and the Insurance Policy is valid from Dt.18/02/2006 till Dt.17/02/2007. The motor cycle was stolen on Dt.03/12/2006. Complainant took all possible steps to track down the stolen motorcycle but failed to get it recovered so the Complainant took the proper steps like filing of FIR, Insurance claim to proper authorities etc. and cooperated to complete the formalities. Opposite Party deputed one Surveyor Mr. Satya Mohimon Mahapatra to access the loss and then the Complainant was directed to submit some documents before the Opposite Party which the Complainant abided. Again the Complainant was asked to submit some more documents, like Final Report from the police, however those documents did not reach the Opposite Party in time. Later the Complainant sent the documents to Opposite Party vide registered post and explained under what circumstances this has occurred and requested the Opposite Party to condone the delay. Time passed and even after continuous requests the Opposite Party neither settled the claim nor repudiated the same for which the Complainant suffered monetary losses as well as mental sufferings hence filed this complaint.

Heard the counsels of the parties who well elaborated their causes. Perused the case record and documents attached to the case record.

Complainant relies on documents i.e. copy of insurance policy, invoice of the vehicle, copy of R.C. Book, copies of letters of Opposite Party, letter of investigator, information made to R.T.O., Bargarh, Copy of form 29 and affidavit, copy of certificate of police, copy of investigator, letter dated 08/04/2010, enclosures with postal receipt which are filed with the complaint petition.

Further Complainant also filed medical certificates in view of his claim for his been ill for the caused delay to file documents with the Opposite Party.

Opposite Party field its version on Dt.25/11/2011, negating the statement's of the Complainant and at the same time admitted the vital facts of the Complainant like the purchase of the motorcycle, insurance of the same through Opposite Party, the motorcycle being stolen, appointment of surveyor vide para 8(eight) of the version. Opposite Party submits that the claim is under active process from settlement which was not possible only due to non submission of papers though the Complainant says that he had sent all the papers.

Most documents filed by the Complainant were not challenged by the Opposite Party and being admitted by both so need not he proved. Only point of dispute was the Complainant said that he had sent the documents via registered post and submitted the receipt of the registration. But the Opposite Party said that they have not received any such registered letter. But the delay in settlement is clearly evident from the records and no letter from the Opposite Party is seen after the registry by Complainant to express that they have not received the documents when hence sent vide registered post.

Opposite Party counsel submitted that even now the claim of the Complainant is under active consideration which is pending because absence of some relevant documents from Complainant and there is no bar to settle the claim if all the relevant documents file before the Opposite Party. Complainant also said he is ready to submit the documents required to set the claim settled.

Under the facts and circumstances discussed earlier to forum opines that getting the grievances settled quickly is important and the sooner the relief reaches to the aggrieved the better with out keeping indulged in litigation for long.

Hence one order as following:-

That the Complainant will file a fresh claim from which will be supplied by the Opposite Party and fill all other necessary documents within one month of this Order, after which the Opposite Party will take all necessary step to address the claim within fifteen days of filing of fresh claim.

Parties will bear their own costs.

The case is disposed off accordingly.

Typed to my dictation

and corrected by me.

        I agree,                                                                               I agree,

   (Smt. Anjali Behera)                                                       (Miss Rajlaxmi Pattnayak)

        M e m b e r.                                                                         P r e s i d e n t. .