Haryana

Sonipat

CC/87/2015

SITENDER S/O SH. MAHA SINGH - Complainant(s)

Versus

THE ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

PARSHANT SHARMA

14 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.       

 

                                Complaint No.87 of 2015

                                Instituted on:13.03.2015                                              Date of order:16.09.2015

 

Sitender son of Maha Singh r/o H.No.289, Mohalla Kot, Sonepat.

 

..Complainant

                            Versus

 

The Oriental Insurance Co. Ltd. Regd. Office LIC Building, 2^nd Floor, Jagadhri road, Ambala Cantt.-133001 through its Authorized Signatory.

 

..Respondent.

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Parshant Sharma, Advocate for complainant.

           Sh. RP Antil Adv. for respondent.

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

        Complainant has filed the present complaint against the

respondent alleging himself to be the registered owner of Motor Cycle no.HR10N/7923  which was unfortunately stolen on 4.5.2013.  The FIR No.33 dated 18.6.2013 u/s 379 IPC was lodged with the concerned police station.   The complainant submitted his claim and completed all the required formalities and submitted all the relevant documents for the settlement of his claim, but of no use and that amounts to a grave deficiency in service on the part of the respondent. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that as per report of investigator, the theft of the motor cycle alleged to have taken place on 4.5.2013 and the FIR no.33 dated 18.6.2013 was lodged with the police after a gap of 1½ months  and due to this, the claim of the complainant was repudiated by the respondent vide letter dated 16.3.2014. So, it cannot be said that there is any deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has argued that the respondent insurance company only to harass and humiliate the complainant has not paid the claim amount to the complainant in respect of the motor cycle no.HR10N/7923 which was unfortunately stolen on 4.5.2013.

          On the other hand, ld. Counsel for the respondent has submitted that as per report of investigator, the theft of the motor cycle alleged to have taken place on 4.5.2013 and the FIR no.33 dated 18.6.2013 was lodged with the police after a gap of 1½ months  and due to this, the claim of the complainant was repudiated by the respondent vide letter dated 16.3.2014. So, it cannot be said that there is any deficiency in service on the part of the respondent.

          In our view, the complainant is not entitled to get any claim from the respondent since there is a delay of 1½  months in lodging the FIR with the concerned police station.  The law  of the Hon’ble National Commission rendered in case titled as New India Ass.Co. Ltd. Vs. Trilochan Jane(Supra) is fully applicable to the case in hand and we are unable to ignore the fact that there is a delay of 1½ months in lodging the FIR by the complainant.  Accordingly, it is held that the action taken by the respondent insurance company in the matter of the complainant is perfectly legal, fully justified and is binding upon the rights of the complainant and it cannot be said that there is any kind of deficiency in service on the part of the respondent. Thus, we hereby dismiss the present complaint with no order as to costs.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:16.09.2015