Haryana

Karnal

CC/392/2016

Angoori Devi - Complainant(s)

Versus

The Oriental Insurance Company Ltd - Opp.Party(s)

Devinder Singh

13 Nov 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.392 of 2016

                                                         Date of instt. 22.12.2016

                                                         Date of decision:13.11.2017

 

Angoori Devi widow of late Shri Prem Singh aged 63 years resident of village Alipur Khalsa District Karnal.

                                                                                                                                                                                                                     …….Complainant.      

                                        Versus

 

The Oriental Insurance Company Ltd. CBO 1 Karnal, near York Hotel G.T. Road, Karnal.

                                         

                                                                     …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jagmal Singh……President.

              Sh. Anil Sharma……….Member.

               

 

 Present  Complainant alongwith Sh. Devinder Singh Adv.

               Shri  Rohit Gupta Advocate for Opposite party.

               

 

ORDER:                    

 

                        In this case the OPS have filed an application for issuance a direction to the complainant for production of proof with regard to intimation of claim to the respondent or in the absence of any intimation for rejection/dismissal of complaint under section 11 and 26 of the Consumer Protection Act and under order VII rule 11 of the Code of Civil Procedure. This application was moved on 2.8.2017. Thereafter, the case was adjourned to 31.8.2017, 21.9.2017, 11.10.2017, 31.10.2017 and 6.11.2017 but no reply was filed by the complainant. On 6.11.2017, the case was adjourned to 13.11.2017 for presence of complainant. On 13.11.2017 the complainant made a statement that she had understand the contents of the application dated 2.8.2017 moved by the OP and she will file the claim with the OP within 30 days. From the statement it is clear that the complainant has not filed the claim with the OPs, therefore, the present claim petition is premature. Hence the same is not maintainable. So, we found force in the application dated 2.8.2017 moved by the OPS. In these circumstances, the application is allowed and thereby present complaint is dismissed being premature.  However, the OP is directed to settle the claim of the complainant within 30 days after filing of the same by the complainant. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:13.11.2017

                                                                       

                                                                  President,

                                                         District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                      (Anil Sharma)

                            Member