Haryana

Kurukshetra

CC/337/2020

Singla Plywood & Hardware - Complainant(s)

Versus

UII - Opp.Party(s)

Vikas Sanghwan

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 337 of 2020

Date of institution: 25.09.2020

                                                Date of decision: 20.5.2024

 

M/s Singla Plywood & Hardware, Opp. Sector-2, Devidass Pura, Kurukshetra through its proprietor Anil Kumar Singhla.

 

                                                                        …Complainant.

Versus

 

1.     United India Insurance Company Co. Ltd. through its Manager/ authorized officer branch at Kurukshetra.

2.     Senior Divisional Manager, United India Insurance Company Co. Ltd. Karnal.

3.     State Bank of Patiala, Now State Bank of India, Parvati Vihar, Thanesar, Through its Branch Manager.

 

.... Opposite parties

 

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

Present:    Shri Aditya Bhushan, Advocate for complainant.

Shri Sanjeev Goel, Advocate for Ops No.1 & 2.

Sh.Rajan Chawla, Advocate for Op No.3 (Defence struck off)

             

Order:     

        This is a complaint under Section 35 of the Consumer Protection

Act.

2.             It is alleged in the complaint, the complainant was having a CC limit/loan account with the OP No. 3 bearing account No. 5009344654 and the CC limit of the complainant was of Rs. 8,00,000/-. It is further averred that the OP No. 3 insured the articles of the complainant with the OP no. 1 for a sum of Rs. 20,00,000/-. The OP No. 1 has issued an insurance policy in the name of the complainant as general insurance i.e. Burglary BP having Policy No. 110702/46/12/04/0000162 which was valid from 14.09.2012 to 13.09.2013 and premium of an amount of Rs. 2,247/- was deducted from the account of the complainant by the OP no. 3 and the same was paid to the Op no. 1. 

3.                It is further averred that unfortunately on the night of 03.01.2013 an act of theft has happened in the shop of the complainant. The articles were stolen from the shop of complainant for about Rs. 3,00,000/. The complainant informed in this regard on dated 04.01.2003 to OPs no. 1 to 3 and an FIR no. 4 dated 03.01.2013 was also lodged by the complainant regarding the theft in Police Station, Sadar Thanesar. It is further averred that the OP no. 1 deputes Sh. Bharat Bhushan Sharma as surveyor regarding theft in the premises of the complainant. The said surveyor demanded some documents from the complainant on dated 11.01.2013 which were submitted to him. It was the duty of the surveyor to make the report regarding the said theft and to be submitted to the respondent no. 1 and 2. The complainant has never been informed whether the surveyor has submitted his report or nor any information has been given to the complainant by any of the OPs no. 1 to 3 regarding the claim of the complainant. The complainant visited the office of the Ops no. 1 to 3 many times and requested to settle the claim of the complainant as per insurance policy. The Ops no. 1 to 3 told to the complainant that as and when final result in criminal case lodged by the complainant will come, the claim will be settled accordingly. The police have submitted an un-trace report in the court regarding FIR lodged by the complainant and the un-trace report has been finally accepted by the court of Additional Chief Judicial Magistrate, Kurukshetra on dated 28.09.2017.

4.             It is further averred that after the orders of Hon'ble Court regarding acceptance of un-trace report the complainant obtained a certified copy of the orders passed by the Hon'ble Court and the same has been handed over to the surveyor Sh. Bharat Bhushan Sharma, appointed by the OPs  no. 1 & 2. Mr. Jeet Singh, Assistant Manager working in the office of the OP no. 1 sent a letter dated 23.05.2018 demanding some documents and the complainant again submitted all the requisite documents and information to Sh. Jeet Singh on dated 28.05.2018. It is further averred that the complainant approached the OPs No. 1 to 3 and requested to settle the claim of the complainant but all of the Ops has not given any heed to the genuine request. Hence, the-is present complaint.

5.             On notice, opposite parties No. 1 & 2 appeared and filed their written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, complaint was contested and vehemently denied the allegations of the complaint as made out in the complaint and prayed for dismissal of the complaint. 

6.             OP No. 3 defence struck off vide order dated 08.09.2022.

7.             Learned counsel for the complainant has tendered into evidence affidavit Ex. CW1/A and documents Ex. C1 and Ex. C5 and closed the same on 17.01.2023 by suffering separate statement.

8.             Learned counsel for the opposite parties No. 1 & 2 has tendered into evidence affidavit Ex. RW1/A and documents Ex. R1 to Ex. R3 and closed the same on 04.10.2023 by suffering separate statement.

9.             We have heard the learned counsel for both the parties at length and have gone through the record available on the file carefully.

10.            Sh.Sanjeev Goel, ld. Counsel for Ops No.1 & 2 has argued that claimant was directed to provide all the relevant documents i.e.
Claim Form, Sale Tax/Vat returns, month wise sales and purchase figure, income Tax Returns, Monthly Stock Statement, CCTV footage and untraceable report issued by the court within a period of seven days from the receipts of this letter, otherwise the claim of the complainant will be closed as “No Claim” for non-submission of claim documents and no correspondence will be made in this regard in future.  Inspite of that the complainant has failed to provide all the above mentioned documents even after receiving the last letter.  Accordingly, the claim file of the complainant was closed.  After that the complainant has filed the present complaint on the basis of false, frivolous and vexatious grounds. 

11.            Sh.Aditya Bhushan, ld. Counsel for the complainant has argued that all the relevant documents were sent to the opposite parties within time.  It has been further argued that the case is within limitation time.  Due to pandemic of Covid-19, lockdown was affected in the country and courts were not in proper functioning.  Hence the Hon’ble Supreme Court of India in civil writ No.3 of 2020(suo-moto) held that:

        3.     In case the limitation has expired after 15.3.2020 then the period from 15.3.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a period of 15 days after the lifting of lockdown.

12.            Sh.Aditya Bhushan, ld. Counsel for complainant has further argued that the present case was filed by the complainant on 22.9.2020 due to spread of pandemic of Covid-19.  The complaint should have been filed by 28.2.2022.  Sh.Aditya Bhushan, ld. Counsel for the complainant has further argued that the complaint is well within time.  Complainant is directed to tender fresh copy of relevant documents i.e.
Claim Form, Sale Tax/Vat returns, month wise sales and purchase figure, income Tax Returns, Monthly Stock Statement, CCTV footage and untraceable report issued by the court within 15 days from today to the opposite parties No.1 & 2 and opposite parties No.1 & 2 shall settled the claim of complainant of Rs.3,00,000/- within 45 days from today.  Complaint is accepted with cost, which is assessed Rs.11,000/-.

15.            In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission:

Dated: 20.5.2024

                                                                               (Dr. Neelima Shangla)            

                                                                        President,

                                                                        DCDRC, Kurukshetra.

(Neelam)                (Ramesh Kumar)

Member                   Member