Learned Advocate for the Complainant is present.

Learned Advocate for the O.P. is absent by filing a petition. 

Today is fixed for order.

We have passed the order which runs as follows:

On 09/01/2019 we heard Advocates from both sides regarding the maintainability of the Complaint.

On 18/12/2018 a petition was filed on behalf of the O.P. challenging the maintainability of the Complaint which was filed by the Complainant Sri Raju Rudra Paul. The Complainant lodged the complaint with this Forum alleging that his Motor Bike bearing Registration No.TR01-TC-AP2321 which was purchased by him from Niladri Motors, Agartala on 16/04/2018 having insured with the O.P. National Insurance Company, Agartala Division Office through Hero Corporate Service Ltd.(Insurance Distribution) under policy No.39010231186200231436 with Insurance Coverage from 16/04/2018 to 15/04/2019 was found missing from Madhya Dukli, Near Bypass Bridge, Agartala on 20/04/2018 at about 3 P.M. The incident was firstly reported to O/C, Amtali Police Station and consequently G.D. Entry was made vide Amtali P.S. G.D.E. No.41 dated 20/04/2018. On the same day the Complainant went to the Office of the O.P. Insurance Company and verbally intimated the incident of missing of his motor bike. The Complainant alleged that the O.P. had advised the Complainant to submit his claim in written format regarding the missing of his motor bike. The complainant further stated in his complaint that based on the G.D. Entry made with the Amtali Police Station investigation was duly initiated and that in course of investigation police found that the place of occurrence falls under the jurisdiction of A.D. Nagar Police Station. Then the O/C. Amtali Police Station forwarded the matter to the O/C. A.D. Nagar Police Station for taking necessary action. Consequent upon the report of the O/C. Amtali Police Station fresh G.D. Entry had been recorded in A.D. Nagar Police Station vide G.D.E. No.13 dated 26/04/2018. The Complainant further alleged that investigation was accordingly initiated thereafter but the police failed to recover the motor bike. The police however has not submitted either charge sheet or final report in the case. The Complainant however on 27/04/2018 submitted claim petition to the O.P. National Insurance Company for getting the insurance benefit. The Complainant further asserted that though the O.P. obtained a report from the O/C. A.D. Nagar Police Station on 25/05/2018 regarding the theft of motor bike of the Complainant. But the O.P. has denied to grant benefit of the Insurance Policy to the Complainant. The Complainant thereafter filed the instant complaint U/S 12 of Consumer Protection Act, 1986 praying for compensation due to deficiency of service of the O.P. 

The O.P. on the other hand has challenged the maintainability of the complaint. The O.P. has denied deficiency of service having been committed by him to the Complainant. The O.P. has alleged that the Complainant's case is highly premature and that there is no cause of action for filing the complaint against the O.P. as because the O.P. did not repudiate the claim of the Complainant. The O.P. also stated that the Complainant has failed to furnish the required information along with papers/documents as per the prescribed printed claim format so as to enable the O.P. to process the claim of the Complainant.  

Hence, the O.P. has prayed for dismissal of the complaint on ground of non-maintainability of the complaint. 

We have considered the submissions of both sides on the issue of maintainability of the Complaint. 

We have also gone through the complaint and the verified petition dated 18/12/2018 filed by the O.P. Insurance Company challenging the maintainability of the complaint. 

We have found that the Complainant has not produced any paper/ document to prove that the O.P. Insurance Company has rejected / repudiated the claim of the Complainant. It is true that the Complainant had found his motor bike missing from 20/04/2018 which has also been supported by the G.D. Entry dated 20/04/2018 made by the Complainant with the O/C. Amtali Police Station. It is also primafacie prove that the motor bike was duly insured with the O.P. Insurance Company which is valid from 16/04/2018 to 15/04/2019. 

We have found force in the submission of Learned Counsel for the O.P. that the complaint filed by the complainant is premature as the O.P. has not repudiated the claim of the Complainant and that the Complainant has not registered his claim with the O.P.  as per prescribed format duly filled in along with the required papers/documents. 

In view of the discussion made above we dismiss that the complaint filed by the Complainant be dismissed with the observation that the order of dismissal shall not be bar on the part of the Complainant to filed complaint a fresh with his claim as per the Consumer Protection Act, 1986.