Order dictated by:
Sh.Anoop Sharma, Presiding Member
- The complainants have brought the instant complaint under section 11, 12 of the Consumer Protection Act, on the allegations that the complainants purchased the property bearing Plot No.9-10 situated at Partap Steel Mill Compound, Partap Bazar, Chheharta, Amritsar with the financial facility/ loan amount from PNB Housing Finance Limited, G.T.Road, Jalandhar in the year 2006 for a loan amount of Rs.15 lacs. The Opposite Party is corroborated with PNB Housing Finance Limited and agent of Opposite Party was present there in the bank and he offered to the complainants single premium insurance and he assured that the complainants have ot pay single premium of Rs.5960/- for a period of ten years and in case of any claim, the surveyor will make surveyor within a week and within fifteen days, the claim will be settled and disbursed. Believing on his assurances, the complainants obtained the policy of insurance from Opposite Party in respect of their house under scheme DENA Niwas Bima Yojna bearing policy No. 82/2007 cover note No. 186259 dated 20.6.2006 and premium of Rs.5960/- was duly paid by the complainants The sum insured in the policy under section-1 was Rs.15 lacs in case of standard fire and special perils including earthquake, fire and shock and Rs.5 lacs under section-II in case of personal accident resulting into death subject to death certificate and post mortem report. The risk was covered under the policy upto mid night of 20.6.2016. Unfortunately, on 26.10.2015 earthquake took place in India and nearby countries like Pakistan, Afghanistan due to which loss was caused to various properties and many persons had died in the said mishap. Due to the said incident of earthquake, the building gof the complainants suffered huge damage and cracks have developed in the walls of the property and mostly in its front portion and it has now become dangerous to live in it and as such, the building in question rehires immediate repair to set it right for habitation. In this regard, the complainants immediately intimated to the Opposite Party and claim was duly lodged, but to the surprise of the complainants that when they visited the Opposite Party in first week of July, 2016 the officials told that the file of claim has been closed but did not give any satisfactory reply or reason. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Parties may kindly be directed to immediately settle the claim of the complainant for the loss suffered by them to their building which is assessed to the tune of Rs.2,49,000/- alongwith interest @ 24% per annum from the date of loss i.e. 26.10.2015 till payment.
b) Opposite Party may kindly be directed to award compensation to the complainant for causing mental harassment for Rs.1,00,000/-
c) Complainants may kindly be awarded Rs.22,000/- as litigation expenses.
d) Any other relief to which he is found legally entitled to under the law, equity and justice.
Hence, this complaint.
2. Upon notice, Sh.Sandeep Khanna, Advocate appeared on behalf of the Opposite Party and suffered statement that the claim in question is still pending with the Opposite Parties and is under process. The surveyor of the Opposite Party had written various letters to the complainant for furnishing documents which have not been supplied by the complainant till date. However, Opposite Parties are ready to decide the claim case of the complainant within 45 days from the date of receipt of order. The claim shall be decided subject to furnishing of all the relevant documents and fulfilment of requisite formalities by the complainant and as per the terms and conditions of the insurance policy and on the basis of finding of the surveyor report.
3. On the other hand, none has appeared on behalf of the complainant on 21.2.2017, then on 22.2.2017 and then on 23.2.2017 and today i.e. on 1.3.2017, none has put in appearance on behalf of the complainants for the best reason known to them.
4. Hence, keeping in view of the non appearance on behalf of the complainants from the last four dates of hearing and the statement suffered by ld.counsel for the Opposite Parties, we have carefully gone through the unexhibited documents placed on record by the complainant and we have also considered the willingness of the Opposite Party to consider the case within a limited period of 45 days.
5. The case is at its initial stage, moreover, Sh.Sandeep Khanna, appeared on behalf of the Opposite Party and made statement at the initial stage of the instant complaint appearing on behalf of the Opposite Party to settle the dispute within 45 days. As per the statement made by ld.counsel for the Opposite Party, we direct the Opposite Parties to process and settle the claim of the complainant either way, positively within 45 days from the date of receipt of copy of order. The complaint is disposed of accordingly. However, the complainants are at liberty to file the fresh complaint after the final settlement of their claim, if they still not satisfy with the decision of the Opposite Parties. No order as to costs. Copies of this order be supplied to the parties free of cost and the file be consigned to record room after compliance.
Announced in Open Forum
Dated: 01.03.2017.
