Haryana

Karnal

CC/568/2020

Rohit Kumar - Complainant(s)

Versus

The Manager, National Insurance Company Limited - Opp.Party(s)

Balram Singh

02 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 568 of 2020

                                                        Date of instt.10.12.2020

                                                        Date of Decision:02.02.2023

 

Rohit Kumar son of Shri Bal Kishan, resident of ward no.7, Indri Tehsil Indri District Karnal, age 24 years. Aadhar no.6647 8704 2444. Mobile no.9996660302.

                                               …….Complainant.

                                              Versus

 

1.     The Manager, National Insurance Co. Ltd. Railway Road, opposite Government Sr. Secondary School, Karnal through its Manager.

 

2.     The Manager, National Insurance Co. Ltd. Chandigarh Division, Second floor, SCO 133-135, Sector -17C Chandigarh (UT)-160017.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary…….Member

                   

 Argued by: Shri Balram Singh, counsel for the complainant.

                    Shri Lal Singh, counsel for the OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                   The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant got insured his vehicle (canter) bearing registration no. HR-45-A-7612, with the OPs, vide policy no.422200311710000857, valid from 13.02.2018 to 12.02.2019. The said car has been stolen by some unknown person and in this regard an FIR no.460 dated 01.11.2018 under section 379 IPC has been registered in Police Station Indri, District Karnal. Thereafter, complainant informed the OP regarding the snatching of vehicle within time and submitted all relevant documents to the OPs. OPs appointed a surveyor, who visited the spot and had taken all relevant documents from the complainant. Thereafter, complainant contacted the OPs several times and requested to settle the claim but OPs did not pay any heed to the request of complainant and lingered the matter on one pretext or the other and asked the complainant to submit the untrace report. Now police has submitted the untrace report and the same has been placed on file. Then complainant sent a legal notice dated 09.10.2020 to OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version, raising preliminary objections with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that present complaint is immature and the claim of the complainant has not been repudiated by the OPs. It is further pleaded that complainant has registered the FIR for the theft of canter whereas the complainant has mentioned in the complaint that his car has been snatched away. The claim of the complainant has not been settled because of non-submitting of necessary documents. It is further pleaded that complainant has informed the OPs that his loaded canter no.HR45-A-7612 on 01.11.2018 has been stolen on intervening night of 31.10.2018 after lapse of one day and  complainant has failed to comply the terms and conditions of the insurance policy. The above canter was stolen from Karnal Indri Road, Indri behind the shop of the complainant in the Gali, District Karnal and an FIR no.0460, dated 01.11.2018 under section 379 IPC at Police Station Indri and complainant has filed the claim in the office of OPs on 01.11.2018 after lapse of one day. OPs have appointed investigator and the investigator has submitted his report dated 24.11.2018 in the office of the OPs. OPs have informed the complainant vide letter dated 18.01.2019 to submit the required documents and required documents have not been submitted upto 18.06.2019. OPs again informed the complainant through registered letters dated 19.06.2019, 03.09.2019, 29.01.2020 and 06.03.2020 to submit the necessary required documents as per terms and condition of the insurance policy but complainant has served a legal registered notice on 09.10.2020 through his counsel and the reply of the same has been submitted on 02.12.2020 to the counsel of the complainant and present complaint has been filed on 12.01.2021. It is further pleaded that the complainant has not submitted copy of untrace report and copy of order passed by the learned Illaqa Magistrate, report under section 173 Cr.P.C., second key, original policy, Non-repossession letter from the financer and 100 number call details of stolen canter in question till day and OPs unable to settle the claim in the absence of above documents. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of registration certificate Ex.C1, copy of insurance policy Ex.C2, copy of FIR Ex.C3, copy of legal notice Ex.C4, postal receipt Ex.C5, acknowledgement Ex.C6, copy of order dated 19.04.2021 Ex.C7, copy of untrace report Ex.C8, copy of 173 Cr.P.C. report Ex.C9 and closed the evidence on 02.09.2021 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Reena Basak, Administrative Officer Ex.OP1/A, copy of insurance policy Ex.OP1, copy of FIR Ex.OP2, copy of report u/s 173Cr.P.C. Ex.OP3, copies of letters dated 18.01.2019, 19.06.2019, 03.09.2019, 29.01.2020 Ex.OP4 to Ex.OP7, copy of acknowledgment Ex.OP8, copy of letter dated 05.03.2020 Ex.OP9, copy of AD Ex.OP10, copy of legal notice dated 09.01.2020 Ex.OP11, copy of reply of legal notice Ex.OP12 and closed the evidence on 27.10.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant got insured his car with the OPs. The said car has been stolen by some unknown person and in this regard an FIR no.460 dated 01.11.2018 under section 379 IPC has been registered. in Police Station Indri, District Karnal. Complainant informed the OPs in this regard and submitted all relevant documents to the OPs. Complainant contacted the OPs several times and requested to settle the claim but OPs did not settle the claim on the ground of non-submission of untrace report. When the police has submitted the untrace report, complainant immediately submitted the same to the OPs but OPs intentionally and deliberately has not released the genuine claim of complainant. He further submitted that the untrace report is on the file and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that present complaint is premature and the claim of the complainant has been closed by the OPs for non-submission of necessary documents and in this regard OPs have written so many letters to complainant but complainant failed to do so and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the vehicle in question had stolen during the subsistence of the insurance policy.

11.           The claim of the complainant has been closed as ‘No Claim’ by OPs, vide letter Ex.OP9 dated 05.03.2020, on the ground that complainant has failed to submit the untrace report. Learned counsel for complainant submitted that complainant has already submitted the untrace report to the OPs. To prove his version, complainant has placed on file copy of untrace report Ex.C8 submitted by the police and in this regard learned SDJM (Indri) had issued a notice to the complainant, vide order Ex.C7 dated 19.04.2021. Untrace report has been accepted by the Court on 25.03.2022. It has been proved on record that untrace report has been already accepted by the learned concerned court on 25.03.2022. The present complaint has been filed by the complainant on 10.12.2020. Thus, at the time of filing the present complaint, untrace report was not with the complainant.

12.           Thus, as a sequel to abovesaid discussion, we dispose of the present complaint with the liberty to complainant to submit the untrace report with the OPs and on receipt of untrace report, OPs are directed to reopen the claim of complainant and settled the same within 45 days. No order as to costs. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

Announced
Dated: 02.02.2023

 

  President,       

District Consumer Disputes                          

Redressal Commission, Karnal.

 

 

                      (Vineet Kaushik)          (Dr. Rekha Chaudhary)           

                          Member                           Member