Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 154 of 24.4.2018 Decided on: 5.8.2021 Amritpal Singh aged about 26 years son of Joga Singh, resident of village Panaudian Tehsil and District Patiala. …………...Complainant Versus - The New India Assurance Co. Ltd., Sundaram Finance Building, Second Floor, 21, Pattulous Road, Chennai Tamil Nadu.
- The New India Assurance Co. Ltd. S.C.O.7, Chhoti Baradari, Patiala.
…………Opposite Parties Complaint under the Consumer Protection Act. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member Sh.Vinod Kumar Gulati,Member ARGUED BY Sh.Preetinder Sharma, counsel for complainant. Sh.D.P.S.Anand, counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Amritpal Singh (hereinafter referred to as the complainant) against The New India Assurance Co. Ltd.(hereinafter referred to as the OP/s) under the Consumer Protection Act (hereinafter referred to as the Act)
- Briefly the case of the complainant is that he bought a Royal Enfield Bullet motor cycle for Rs.1,07,550.34 and got the same insured with the OP vide policy No.71070031160360061964 for the period from 25 March,2017 to 24 March 2018.
- It is averred that father of the complainant on 12.1.2018 went to Bahujan Samaj party office and parked the vehicle in question there and thereafter he went to Bhawanigarh and on coming back he found that the vehicle was missing. The father of the complainant lodged FIR No.6 dated 13.1.2018 under Section 379 IPC at the Police Station Division No.4,Patiala .The complainant also approached the office of OP No.2 for releasing the claim amount on 19.3.2018 but they flatly refused. He also got sent legal notice in this regard upon the OP on 21.3.2018 but in vain. There is thus deficiency in service and unfair trade practice on the part of the OP which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer to accept the same by giving directions to the OPs to pay amount of claim alongwith Rs.1,13,000/- as billing amount and Rs.32,000/- as compensation with 18% interest till final realization and Rs.5500/- costs of legal notice.
- Notice of the complaint was duly served upon the OPs who appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complaint is not maintainable as no such claim of missing of motor cycle in question was ever intimated to OP No.2; that the complainant has got no cause of action and locus standi to file the present complaint.
- On merits, it is stated that the OP has issued insurance policy for new motor cycle bullet 350 for the period from 25.3.2017 to 24.3.2018 for a sum of Rs.1,07,398/- in favour of Sh.Amritpal Singh s/o Joga Singh.It is averred that the complainant has not intimated the loss of insured vehicle nor lodged any claim with the OPs. It is further averred that the OP is still ready to settle the claim subject to completion of the terms and conditions of the policy. There is thus no deficiency of service on the part of the OPs. After denying all other averments made in the complaint, the OPs have prayed for the dismissal of the complaint.
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.
- On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA of Rajinder Singh Mahatam alongwith document, Ex.OP1 and closed the evidence.
- We have heard the ld. counsel for the parties and have also gone through the record of the case carefully.
- The ld. counsel for the complainant has argued that the complainant purchased Royal Enfield Bullet motor cycle for Rs.1,07,550.34 and got the same insured with the OPs for one year from 25 March 2017 to 28 March 2018.The ld. counsel further argued that father of the complainant parked his motor cycle in the office of Bahujan Samaj Party and thereafter went to Bhawanigarh and after coming back he found that the motor cycle was missing. The ld. counsel further argued that the complainant so many times approached and requested the OPs to pay the amount of claim but all in vain.
- On the other hand, the ld. counsel for the OPs has argued that no such claim was ever lodged with the OPs. The ld. counsel further argued that the OPs were never intimated that any theft has taken place. So the complaint be dismissed.
- To prove this case, Amritpal Singh has tendered his affidavit,Ex.CA and has deposed as per his complaint, Ex.C1 is the insurance policy in the name of Amritpal Singh s/o Joga Singh and this policy was valid from 25 March 2017 for one year and in this policy the amount of 3393/- premium was proved.Ex.C2 is the legal notice,Ex.C3 is postal receipt,Ex.C4 is FIR,Ex.C5 is invoice of motor cycle.
- On the other hand Sh.Rajinder Singh Mahatam, Sr. Divisional Manager of the OPs has tendered his affidavit,Ex.OPA and has deposed as per the written version, Ex.OP1 is the policy.
- As per the complainant his father parked his Bullet motor cycle on 12.1.2018 outside the office of Bahujan Samaj Party and when he came back he found that the motor cycle was missing. After that FIR was lodged at Police Station Division No.4, Patiala on 13.1.2018 at 19:21 hrs under Section 379 IPC.So it is clear that the said FIR was registered by the complainant.
- Admittedly the motor cycle in question was insured vide policy Ex.C1 starting from 25 March,2017 to 24 March 2018 and the theft has been taken place during this period.
- The ld. counsel for the OPs has argued that no such notice was sent to them but legal notice Ex.C2 was sent through registered post and postal receipt, Ex.C3 is on the file but no reply was ever given by the OPs. So it is clear that the motor cycle in question was duly insured which was stolen and FIR Ex.C4 was lodged but the OPs did not pay the claim amount. So there is deficiency in service on the part of the OPs
- So due to our above discussion, the complaint is partly allowed and the OPs are directed to pay the amount of Rs.1,07,550/- , to the complainant along with interest @6% per annum from the date of legal notice dated 21.3.2018 till realization. There is no order as to costs and compensation.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:6.8.2021 Vinod Kumar Gulati Y.S.Matt Jasjit Singh Bhinder Member Member President | |