Haryana

Yamunanagar

CC/341/2024

Kuldeep Singh S/o Shamsher Singh - Complainant(s)

Versus

The New India Assurance Co.Ltd. - Opp.Party(s)

Virender Kashyap

24 Sep 2024

ORDER

CC No.341 of 2024.

Kuldeep @ Kuldeep Singh      Vs.   The New India Assurance Company.

 

Present:      Sh. Virender Kashyap, Adv. for the complainant.

                    

                   Complaint presented before the registry of this Commission on 19.09.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.                  

                   Complainant attached the documents Ex.C1 to Ex.C6 with the complaint.

               Heard.  As per the version of the complainant, one of his cows was insured by the opponent vide insurance policy Ex.C1, bearing No.31270047222700004909, valid w.e.f. 26.04.2022 to 25.04.2023, sum assured Rs.40,000/-. During the validity period of insurance policy ex.C1, the insured cow expired and the complainant lodged his claim with the opponent, but the opponent have not settled the claim of the complainant under the policy Ex.C1, despite receipt of legal notice.

                  Since, the opponent have not decided the claim case of the complainant in either way, the complaint is pre-mature and is liable to be dismissed. However, in order to maintain the balance, if appropriate directions are given to the opponent to decide the claim case of the complainant under the policy Ex.C1 in time bound manner, it will not going to cause any sort of prejudice to the opponent, and it will suffice the purpose. At this stage, no notice is required to the opponent, affording an opportunity, of being heard, because no adverse order, at this stage, is being passed against the opponent.

                Hence, due to the reason stated hereinbefore, without touching to the merits of the case, the complaint is dismissed, at this stage, it being pre-mature, and the opponent The New India Assurance Company Limited, C/o Gagan Building, Opposite Old Bus Stand, Karnal is directed to decide the claim case of the complainant under the policy Ex.C1, in either way as per its own wisdom, within the period of 40 days, from the date of receipt of claim from the complainant, if claim papers not received, and in case, claim papers already received, the opponent will decide the claim case of the complainant, within the period of 40 days from the date of order, by passing speaking order and the order of the opponent with regard to decline or accepting the claim of the complainant shall be communicated to him in writing as per address mentioned in the complaint.

              If the claim case of the complainant is not settled by the opponent within stipulated period as ordered hereinbefore or if it is settled in either way allowed or partly allowed or repudiated, the complainant is not satisfied with the decision of the opponent, then the complainant will be at liberty to file afresh complaint against the opponent before this Commission and in the fresh complaint, the complainant will disclose the particulars of this complaint and its fate and will attach certified copy of this order. In case, during the stipulated period, the opponent requires any documents from the complainant, then the opponent will sent written communication to the complainant as per his address disclosed in the complaint. Original documents Legal notice Ex.C4, postal receipt Ex.C5 are hereby ordered to be returned to the complainant or his counsel against proper receipt.

                 Certified copy of this order be supplied to the complainant, free of costs and he will deliver the same upon the opponent either by hand or through registered post, or through email in the form of PDF, at his own responsibility.   File be consigned to the records.

President

                               L. Member                      Member                                    DCDRC, YNR,

24.09.2024.

 

Typed by: Jitender Sharma, Steno-typist