Haryana

Sonipat

98/2014

smt. sunita w/o Krishan - Complainant(s)

Versus

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

VIJAY VASHISTA

26 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.98 of 2014

                                Instituted on:15.04.2014

                                Date of order:02.09.2015

 

Sunita wife of Krishan, resident of village Rattangarh, tehsil and district Sonepat.

                                                     …….Complainant

 

                     VERSUS

 

Oriental Insurance Co. Ltd. LIC Building, 2^nd Floor, Jagadhri road, Ambala Cantt, Service to be effected through its Branch Office, Fountain Chowk, Gohana, Distt. Sonepat through its Manager.

 

     ……..Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by:  Sh. Vijay Vashista, Adv. for complainant.

                 Sh. Surender Malik, Adv. for respondent.

 

BEFORE-    Nagender Singh, President.

                Smt. Prabha Wati, Member.

               D.V. Rathi, Member.

 

O R D E R

 

Complainant has filed the present complaint against the respondent alleging therein that in Janaury, 2013 he has started a Cloth Shop and purchased a policy from respondent for an amount of Rs.50,000/- for the period 7.1.2013 to 6.1.2014.  Unfortunately, on 11.11.2013, due to fire in the gas cylinder of the house of the complainant, the clothes lying in the shop including household articles were burnt and the complainant has suffered a huge financial loss.  The complainant informed the respondent regarding the incident and has submitted all the relevant documents and asked about the lodging of the claim, but they said that till now the claim has not been lodged.  The respondent is avoiding to lodge the claim on one pretext or the other and that amounts to a grave deficiency in service on the part of the respondent. So, she has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the complainant has not lodged any claim with the required papers for settlement of the claim.  Even till today the complainant has not submitted any required documents.  So, in the absence of the documents, the complainant’s claim cannot be decided and thus, prayed for the dismissal of the present complaint.

3.        We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.        In the present case, from the pleadings of the complainant’s complaint, one thing is clear that till date, the claim has not been lodged by the complainant with the respondent.  In the complaint, in para no.6, page 3 the complainant has pleaded that the respondent are avoiding to lodge the claim on one pretext or the other.

          Ld. Counsel for the respondent has also argued on this point that the complainant has not lodged the claim with the respondent till today.

     In our view, the ends of justice would be fully met if the directions are given to both the parties.  Accordingly, we hereby direct the complainant to lodge the claim with the respondent and to  submit all the required documents and to complete all the formalities of the respondent within one month from the date of passing of this order.  Similarly, the respondent is directed to consider and dispose off the claim of the complainant within a period of 45 days from the completion of the formalities by the complainant.

With these observations, findings and directions, the present complaint stands disposed off.

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

File be consigned to the record-room.

 

 

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

Member DCDRF        Member DCDRF                President, DCDRF

                                                 Sonepat.

Announced:02.09.2015