Complainant Sukhdev Singh through the present complaint U/S 12 of the Consumer Protection Act 1986 (hereinafter for short the Act.) has prayed for issuance of necessary directions to the opposite party (the OP insurer) to pay Rs.3,50,000/- along with interest to him for loss of his house articles besides to pay Rs.50,000/- as damages for loss and mental agony, in the interest of justice.

2.       The case of the complainant in brief is that he purchased a plot of 12 marlas vide a sale Deed dated 13.11.1997 in village Punder at present New Abadi Guru Nanak Nagar, Batala. He constructed a house on abovesaid plot after spending Rs.49,51,500/-. He got insured that house from opposite party vide policy no.403352 dated 12.09.2011 which was valid from 12.9.2011 to 11.9.2016. On 6.9.2014 he alongwith his family had gone to Delhi, but at night on the same day due to electric burn his house got fire and whole house articles burnt. He and his family returned from Delhi on 9.9.2014. He immediately informed to opposite party about the incident. Opposite party appointed Sh.Sanjay Sareen Surveyor to assess the loss of his house articles. He has also furnished estimate of loss of his house about Rs.3,50,000/- to opposite party. He has next pleaded that although surveyor made many visits to his house and took snaps of loss but till today surveyor has no prepared his report and nor submitted to opposite party. He is waiting the decision of opposite party but opposite party with connivance of Surveyor is delaying the matter on one or the other pretext without any reason. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.

3.      Upon notice, the opposite parties insurers appeared through their counsel and filed their written reply taking the preliminary objections that the complaint of the complainant is not maintainable and is liable to be dismissed. It was submitted that the claim was lodged with the opposite party by the complainant on 9.9.2014 and as soon as intimation received by the insurance company deputed Sh.Sanjay Sareen Surveyor for spot inspection and assessing the fire loss of building in question but despite of the repeated requests, letters and reminders dated 22.10.2014, 12.2.2015 and 23.3.2015 by the said Surveyor Sanjay Sareen, no requisite information, documents (i.e. Fire Brigade Report, ii. Evaluation of Building from approved Architect iii. Copy of Police Report, iv. Claim bill from approved Architect and News Paper Cutting regarding Fire if any) supplied by the complainant, nor cooperate with the said Surveyor for settling the claim. Hence, due to non-supplying the requisite documents and without complying with the requisite formalities, the opposite party insurance company declared the claim of the complainant as ‘NO CLAIM’ and duly informed to the complainant vide letter dated 24.3.2015. Hence, the present complaint of the complainant is not maintainable and liable to be dismissed on this ground only. On merits also, the same pleadings have been repeated and dismissal of the complaint prayed.  

4.        Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 and of Kulwant Singh Ex.C2 alongwith other documents exhibited as: Ex.C3 to Ex.C15 and closed the evidence;

5.       Counsel for the opposite parties tendered into evidence affidavit of Harbans Lal, B.M. O.I.C. Ex.OP1, along with the other documents exhibited as: Ex.OP2 to Ex.OP5 and closed the evidence.

6.       We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the sides, while adjudicating the present complaint. From the pleadings and evidence on record we find that the opposite party vide letter Ex.OP2 dt.24.3.2015 and Ex.OP3-Ex.OP5 has yet not finally decided the insurance claim of the claimant and have rather sought certain documents/information i.e.  i. Fire Brigade report, ii. Evaluation of Building from approved Architect iii. Copy of Police Report, iv. Claim bill from approved Architect and News Paper Cutting regarding Fire from the complainant which the complainant should have supplied

7.      We find that the present complaint is premature since the opposite party vide letter Ex.OP2 dt.24.3.2015 and Ex.OP3-Ex.OP5 has not yet finally decided the insurance claim as to the loss of vehicle and have rather sought certain documents/information from the complainant which the complainant is bound to supply. Thus we dispose of the complaint and direct the complainant to approach the opposite party and submit the requisite relevant documents/information desired by them for settling the insurance claim within 15 days of the receipt of these orders and further direct the opposite party insurance providers to decide the claim as per the terms and conditions of the policy within 15 days of the receipt of documents from the complainant. The opposite party is further directed to decide insurance claim duly filed by the complainants duly verified as per the settled procedure laid down by their regulating Agency IRDA.

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.  

                             (Naveen Puri)

                                                                                               President     

ANNOUNCED:                                                                (Jagdeep Kaur)

January 21, 2016.                                                                                Member

*MK*