Haryana

Karnal

CC/357/2017

Ravinder Kumar - Complainant(s)

Versus

The United India Insurance Company - Opp.Party(s)

S.S. Moonak

21 Jan 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 357 of 2017

                                                          Date of instt. 26.10.2017

                                                          Date of Decision 21.01.2019

 

Ravinder Kumar aged 50 years, son of Shri Gurdyal Chand, resident of House no.777, Sector 6, Urban Estate, Karnal.

                                                                      …….Complainant.

                                                  Versus

 

The United India Insurance Company, through its Divisional Manager, G.T. Road, Karnal.                                                                                                                                            …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri S.S. Moonak Advocate for complainant.

                  Shri A.K.Vohra Advocate for opposite party.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant got insured his Bolero Maxi Truck bearing no.HR-45/B-3873 from OP, vide policy no.1123003114P111447570, valid from 16.03.2015 to 15.03.2016 for a sum of Rs.4,20,800/-. The policy was comprehensive/package. The said vehicle was stolen in the midnight of 21/22.09.2015 within the area of Sector 6 Karnal and FIR no.707 dated 22.09.2015 under section 379 IPC with the Police of Police Station City, Karnal got registered. All the original documents i.e. RC, Bank receipts and other documents were in the vehicle at the time of theft. The matter was reported to the office of OP. All the relevant documents claim form etc. were submitted to the office of OP but claim was neither settled so far nor repudiated. The complainant has completed all the formalities regarding the settlement of claim but no response was received by complainant. Even the untraced report has also been submitted. The said vehicle was only source of income of complainant. Due to this act and conduct of OP complainant suffered mental pain, agony, harassment apart from financial loss. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability; concealment of true and material facts; locus standi and cause of action; complainant is estopped from filing the present complaint and jurisdiction to entertain and try the pre-mature complaint in hand. On merits, it is pleaded that the documents not supplied by the complainant as demanded by the OP. The OP has requested the complainant vide repeated letters dated 6.10.2016,24.11.2016, 5.1.2016 and 23.01.2017 to submit the documents so that he may be able to proceed further but the complainant has not complied with till date and the complaint is pre-mature. It is further pleaded that the competent authority has sanctioned the claim to the tune of Rs.4,20,300/- in favour of the complainant but on supplying the requisite documents to the OP but complainant failed to supply the same. Hence there is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and closed the evidence on 20.02.2018.

4.             On the other hand, OP tendered into evidence affidavit of Virender Khar Ex.RW1/A and documents Ex.R1 to Ex.R13 and closed the evidence on 04.12.2018.

5.             We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.   

6.             The case of the complainant is that he is registered owner of Bolero Maxi Truck no.HR-45-B-3873 and same was insured with OP, vide policy no.1123003114P111447570, valid from 16.03.2015 to 15.03.2016 for a sum of Rs.4,20,800/-. The vehicle was stolen in the midnight of 21/22.09.2015 and FIR no.707 dated 22.09.2015 under section 379 IPC was logged in Police Station City, Karnal. All the original documents were in the vehicle at the time of theft. Intimation was given to the OP regarding theft. The complainant submitted his claim with OP but the claim was neither settled nor repudiated. The ignitions key and original RC, copy of insurance policy was in the vehicle but OP adamant for submit the same.

7.             On the other hand, the case of the OP is that the claim of the complainant was duly proceeded, considered on the merits and it was approved by the competent authority subject to submitting the documents for releasing of claim amounting to Rs.4,20,320/-, but complainant did not supply the required documents despite several requests from time to time. The complainant failed to transfer RC in the name of company, submit form no.29 and 30, ignitions key, subrogation letter, Pan card and Financer Account Details. The complaint is premature and there is no deficiency on the part of the OP.

8.             Admittedly, the vehicle in question was stolen during the subsistence of policy. Claim of the complainant was proceeded and approved by the OP subject to the submission of the documents as required for releasing the claim. As per the version of the OP, the documents were not supplied by the complainant, but as per complainant he has already handed over the documents to the OP as demanded by him. Both the parties blamed each other. As per the complainant, original RC, ignition key and copy of insurance policy was in the vehicle at the time of theft. So, in our view that the OP cannot compel the complainant to supply the same.

9.             In view of above observation, we dispose off the complaint with the directions to the complainant to submit the other documents mentioned in para no.1 of the preliminary objections of written statement of the OP, except original RC and ignition keys to the OP within 15 days. We further direct the OP to release the claim amount i.e. Rs.4,20,320/- as approved by the OP within 30 days from the date of receipt of order. If this amount is not paid within stipulated period then this amount will carry interest @ 9% per annum from the date of filing the complaint till its realization. We further direct the OP to pay Rs.11,000/- to the complainant for mental agony and physical harassment and towards litigation expenses. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:21.01.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member