Haryana

Sonipat

CC/252/2015

Paramvir S/o Ishwar - Complainant(s)

Versus

The Magma HDI Genral Insurance Co. ltd. - Opp.Party(s)

Ashish Khasa

11 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

             

                             Complaint No.252 of 2015

                             Instituted on:31.07.2015                                           Date of order:26.02.2016

 

Paramir son of Ishwar resident of H.No.390, VPO Halalpur, tehsil Kharkhoda, Distt. Sonepat.

                                                ……Complainant

                   VERSUS

 

1.The Magma HDI Gen. Ins. Co. Ltd., Magma House, 24, Park Street, Kolkata-700016 Local office at Maya Mehal Building, Subhash Chowk, Sonepat through its Branch Manager.

2.The Magma Fincorp Ltd., Regd. Office 24, Park Street, Kolkata 700016 through local office at Subhash Chowk, Sonepat.

 

     ……Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Ashish Khasa Adv. for complainant.

           Sh. HC Jain, Adv. for respondent no.1.

           Sh. RS Garg, Adv. for respondent no.2.

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he had purchased a tractor no.HR79/3804 from Vijay Agro Engg. Works, Sonepat and the same was financed from respondent no.2. The said tractor was duly insured with respondent no.1 vide cover note valid w.e.f. 25.7.2013 to 24.7.2014. The complainant has to make the payment of installments till 22.9.2014.  On 4.9.2013, the said tractor was stolen by some unknown person.  FIR no.256 dated 7.9.2013 was lodged with PS Kharkhoda.  The complainant has intimated the respondents well in time. The complainant has also submitted all the relevant documents to the authorized agent for disposal of the said claim.   But till date, the respondents did not pay any heed to the requests of complainant to settle his legal and genuine claim and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        The respondents no.1 and 2 have appeared and they filed their separate written statement.

          The respondent no.1 in its written statement has submitted that no claim has ever been lodged by the complainant with the respondent no.1 on account of alleged theft of tractor no.HR79/3804.  The complainant has not mentioned the name and particulars of the authorized agent to whom he has submitted all the relevant documents.  The complainant has cooked up a false story against the respondent no.1.  So, he is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

          In reply, the respondent no.2 has submitted that loan agreement was executed by the complainant and Rs.5,56,500/- were sanctioned and disbursed  by the respondent no.2 in faovur of the complainant.  The complainant has failed to adhere the financial discipline and he made continuous default in making the payment of installments.  However on 9.10.2015 an amount ofRs.283467/- is due and outstanding against the complainant and amount of Rs.127192/- is due being future payment in the present loan account.

3.        We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.        Ld. Counsel for the complainant has submitted that his insured tractor no.HR-79/3804 was stolen on 4.9.2013 by some unknown person. FIR no.256 dated 7.9.2013 was lodged with PS Kharkhoda.  The complainant has intimated the respondents well in time. The complainant has also submitted all the relevant documents to the authorized agent for disposal of the said claim.   But till date, the respondents did not pay any heed to the requests of complainant to settle his legal and genuine claim and that amounts to a grave deficiency in service on the part of the respondents.

          On the other hand, ld. Counsel for the respondent no.1 has submitted that no claim has ever been lodged by the complainant with the respondent no.1 on account of alleged theft of tractor no.HR79/3804.  The complainant has not mentioned the name and particulars of the authorized agent to whom he has submitted all the relevant documents.  The complainant has cooked up a false story against the respondent no.1.  So, he is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

          Ld. Counsel for the respondent no.2 has submitted that loan agreement was executed by the complainant and Rs.5,56,500/- were sanctioned and disbursed  by the respondent no.2 in faovur of the complainant.  The complainant has failed to adhere the financial discipline and he made continuous default in making the payment of installments.  However on 9.10.2015 an amount ofRs.283467/- is due and outstanding against the complainant and amount of Rs.127192/- is due being future payment in the present loan account.

          We find force in the contentions raised by the ld. Counsel for the respondent no.1, because it is unproved from the material available on the case file that the complainant has ever lodged the claim or has ever submitted the required documents with the respondent no.1.  Thus, in our view, the ends of justice would be fully met if some directions are given to the complainant and respondent no.1.  Accordingly, we hereby direct the complainant to lodge the claim and to submit all the required documents by completing all the formalities of the respondent no.1 within a period of 30 days from the date of passing of this order.  Similarly, the respondent no.1 is also directed to decide the claim case of the complainant within a period of 30 days which shall start from the date when the complainant completes all the formalities as directed above.  However, it is made clear here that if the complainant remain dissatisfied with the decision of the respondent no.1, then he can file the fresh complaint before this Forum.

          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 cost.

File be consigned to the record-room.

 

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

Member DCDRF      Member DCDRF           DCDRF, Sonepat.

 

Announced:26.02.2016