DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No : 745 OF 2010 Date of Institution : 18.11.2010 Date of Decision : 11.11.2011 Kanta d/o Sh. Gobind Ram, r/o H.No.140, New Indira Colony, Manimajra, U.T. Chandigarh. ---Complainant V E R S U S1] The New India Assurance Company Limited, Regional Office, SCO No. 36-37, Sector 17-A, Chandigarh. 2] The New India Assurance Company Limited, Jeevan Parkash Building, Sector 17-B, Chandigarh. 3] Siri Ram City Union Finance Limited, Branch Office, Siri Ram City Union Finance Limited, SCF No. 102, Top Floor, Phase XI, SAS Nagar, Mohali. ---Opposite PartiesBEFORE: SMT. MADHU MUTNEJA PRESIDING MEMBER SH.JASWINDER SINGH SIDHU MEMBER Argued By: Sh. Parmod Bali, Advocate for the Complainant. Sh. Sukhdarshan Singh, Advocate for OPs No.1 & 2. OP No.3 ex-parte. PER MADHU MUTNEJA, PRESIDING MEMBER 1] The instant complaint is a complaint regarding alleged deficiency in service for non-payment of the claim against a stolen motor-cycle. Briefly stated, the Complainant, who was the owner of a motor cycle TVS Apache (Regn.No. CH-04-E-2218), which was insured with OPs No.1 & 2, vide Policy valid from 22/07/08 to 21/07/09. The vehicle had been financed and hypothecated through OP No.3. The vehicle in question was stolen on 23/06/09 from the parking of Mata Mansa Devi Temple complex. Despite best efforts, the Complainant was not able to trace the vehicle. She, thus, lodged an F.I.R. with the local police station on the very next day. The Complainant, thereafter, approached OPs No.1 & 2 and requested them to pass the claim. OPs No.1 & 2 told the Complainant that the claim could not be passed, till the untraced report was received. The untraced report was finally submitted by the police before the court on 21/08/11. On receipt of the untraced report, the Complainant approached the OPs No.1 & 2 to pass the claim. She also submitted all the necessary documents to them. However, the claim of the Complainant has not yet been passed. The keys of the vehicle have been misplaced. Meanwhile, OP No. 3 has also been demanding balance installments from the Complainant. The Complainant has, thus, filed this complaint, with a prayer that the OPs be directed to pass the claim, as well as to pay compensation and costs. 2] After admission of the complaint, notices were sent to the OPs. OP Nos.1 & 2 in their joint written statement have admitted the issuance of insurance cover to the Complainant, as well as knowledge about the theft of the vehicle. They have submitted that the Complainant has not yet completed the necessary formalities for passing of claim, but has choosen to approach the court, during the pendency of the claim. The Complainant had been asked to hand over the keys of the vehicle. Also certain communications & clarifications were required, which have not been complied with by the Complainant. Therefore, it is the Complainant, who is responsible for non-processing of the claim. Hence, pleading that there is no deficiency on their part, OPs No. 1 & 2 have prayed for the dismissal of the complaint. 3] As nobody appeared on behalf of OP No.3, therefore, it was proceeded against exparte on 24/08/11. 4] Parties led evidence in support of their contentions. 5] We have heard the learned counsel for the parties. 6] When the case was fixed for arguments, the learned counsel for OPs No.1 and 2 gave a statement, which reads as under:- “OP offers that on receiving the documents and completion of formalities by the Complainant, the OPs are ready to process the claim of the Complainant, within 30 days from the date of completion of the claim formalities.” He also gave a list for formalities required to be completed by the Complainant. The Complainant agreed to this request of OPs No.1 & 2 and certain signed documents were also handed over to the OPs by the Complainant in the Court itself. However, certain formalities i.e. keys and NOC were required to be fulfilled by OP No.3, who was ex-parte. 7] In view of the offer of the OPs No. 1 & 2, referred to above, and acceptance by the Complainant of the said offer, we deem it appropriate to dispose off this complaint, with the following directions to all the parties:- [a] The Complainant will hand over all/complete remaining formalities required by the OPs No.1 & 2 for passing of the claim, within 07 days of receipt of this order; [b] OP No.3 is directed to provide OPs No.1 & 2, with a set of keys, which the Complainant has claimed to be lying with them, to facilitate immediate process of the claim of the Complainant, within 07 days of receipt of this order; [c] OPs No.1 & 2 will process the case, as per rules, and make the payment to OP No. 3, on receipt of documents, if any, from the Complainant and keys from the OP No.3, within 30 days. [d] OP No.3, on receiving payment from OPs No.1 & 2, will hand over the NOC of the vehicle in question to OPs No.1 & 2, forthwith. 8] The complaint is disposed of accordingly. Parties to bear their own costs. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 11.11.2011 Sd/- (MADHU MUTNEJA) PRESIDING MEMBER Sd/- (JASWINDER SINGH SIDHU)
| | MR. JASWINDER SINGH SIDHU, MEMBER | MRS. MADHU MUTNEJA, PRESIDING MEMBER | , | | 
