Haryana

Yamunanagar

CC/114/2023

Saurab Kumar S/o Same Singh - Complainant(s)

Versus

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

Pankaj Kamboj

19 Apr 2023

ORDER

CC No. 114 of 2023

Saurab Kumar vs. The New India Assurance

 

Present:     Sh. Pankaj Kamboj, Adv. for the complainant.

 

ORDER:-   

1.                Heard. Brief facts of the case are, cow of the complainant bearing tag No.160040999215 was insured by the opponent and Cover Note No.808751 dated 22.12.2022 was Ex.C3 was issued by the opponent and sum assured was Rs.40,000/- Unfortunately, cow of the complainant expired on 1.3.2023 and as per the version of the complainant, he submitted all the relevant document to raise the insurance claim under the Insurance Certificate Ex.C3 but the opponent failed to settle his claim which made him aggrieved, resulting, to file the present complaint before this Commission.

2.             The opponent is a limited company. The insured cow expired on 1.3.2023. The complaint has been instituted before this Commission on 6.4.2023. There is nothing on record on which particular date, complainant submitted his claim paper with the opponent. As per the guidelines of the Insurance Regulatory Authority, the insurance company is required to decide the claim within one month and if, it is to be delayed, then reasons of delay must be justified, but in the case in hand, the complainant has not given reasonable time to the opponent to settle his claim, either, way. The complaint of the complainant is pre-mature and is liable to be dismissed, at the stage. However, to maintain the balance, if appropriate direction are given to the opponent to settle the claim of the complainant in either way, in time bound manners, it will not cause any short of prejudice to the opponent and no opportunity of being heard is required to be given to the opponent at this stage because no adverse order touching to the merit of the case is being passed by the Commission, at this stage.

3.                Hence, due to reasons stated here-in-before, this complaint is dismissed, it being as pre-mature. However, the opponent are directed to settle the claim of the complainant, in either way, within the period of one month from the date of receipt of copy of this order by passing speaking order and after the settlement of the claim of the complainant in either way by the opponent, if the complainant is not satisfied then, complainant will be at liberty to file fresh complaint before the Commission, if advised so. In the fresh complaint, he will disclose the particulars of this complaint and its fate. Complainant through his counsel is directed to transmit the certified copy of order immediately to the opponents, either by hand or through by registered post at his own responsibility. Complainant is left to bear his own cost of litigation. File be consigned to the records.

 

                  L.Member                      Member                          President

DCDRC, YNR,

19.04.2023.

 

Typed by:- Aarti