BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:210 of 2014.
Date of Institution: 01.08.2014.
Date of Decision:03.03.2017
Brij Pal Singh aged about 40 years son of Sh. Surja Singh, resident of 161, Vikas Nagar, Tehsil & District Bhiwani.
….Complainant.
Versus
- United India Insurance Company Limited, having one of its Branch Office at Red Cross Bhawan, Mini Zoo Road, Bhiwani, through its Branch Manager.
- United India Insurance Co. Ltd. having its registered & head office at 24, Whites Road, Chennai-600014, through General Manager.
…...Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT.
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present:- Shri Rakesh Tanwar, Advocate, for complainant.
Shri R.K. Verma, Advocate for OPs.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the complainant had purchased a vehicle (motorcycle) make of Honda model Shine bearing registration No. HR-16H-5180, engine No. JC6E9490479, chasis no. ME4J366J98325766. It is alleged that the complainant got insured the motor cycle with OP no. 1 vide policy No. 111202/31/09/01/00003948 dated 05.10.2009 and the complainant had paid requisite premium amount to the OP no. 1 and the policy was valid from 05.10.2009 to 04.10.2010. It is alleged that on dated 14.06.2010 at about 11.00 a.m. the complainant had gone to district courts for his necessary work and when the complainant returned then the motorcycle was not found. It is alleged that the complainant informed the concern police and a case FIR No. 126 dated 29.06.2010 under Section 379-IPC was got registered at police station Civil Lines, Bhiwani. It is alleged that the complainant had informed to the officials of the Ops no. 1 & 2 and submitted all the documents but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, financial loss and physical harassment. Hence, it amounts to deficiency in service on the part of respondents and as such he had to file the present complaint for seeking compensation.
2. On appearance, the OPs filed written statement alleging therein that the complainant has not come to this Forum with clean hands. It is submitted that the intimation regarding the alleged theft was received by the OP no. 1 on 10.09.2010 that motor cycle of complainant has been stolen and FIR lodged by the complainant on 24.06.2010. It is submitted that after receiving the intimation the answering respondent has deputed Mr. Vijay Kumar Arora, an Independent Surveyor and Loss Assessor, who after through investigation his report dated 25.10.2011. It is submitted that the complainant failed to submit the requisite documents to the respondent. It is submitted that the vehicle of the complainant was insured with OP no. 1 w.e.f. 05.10.2009 to 04.10.2010. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the counsel for complainant has tendered into evidence documents Annexure C-1 to Annexure C-8.
4. In reply thereto, the counsel for opposite parties has tendered into evidence documents Annexure R-1 to Annexure R-4 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the motor cycle in question was stolen on 14.06.2010. The complainant made best efforts to trace out his motor cycle and ultimately he got lodged FIR No. 126 dated 29.06.2010 under Section 379 IPC with the concerned police station. The complainant also intimated the officials of Ops regarding the theft of his motor cycle. He submitted that the untrace report has been accepted by the concerned court. The motor cycle in question was insured for a sum of Rs. 43,375/- but the Ops have failed to pay the insured amount to the complainant.
7. Learned counsel for the Ops reiterated the contents of reply. He submitted that after the receipt of the information regarding the theft of his motor cycle, a surveyor was deputed who submitted his report dated 25.10.2011. Thereafter, the complainant was asked to fulfil the necessary formalities but the complainant failed to supply the required documents to the Ops for the settlement of his claim.
8. We have perused the record carefully. The complainant has placed FIR Annexure C-2, untrace report Annexure C-4. Indisputably, the motor cycle in question was stolen during the insurance coverage and untrace report has also been accepted by the concerned court. The surveyor report dated 25.10.2011 Annexure R-2 also supports the version of the complainant. As per the terms and conditions of the policy, the Ops are liable to indemnify the loss caused to the insured, who has taken the comprehensive policy. The counsel for the complainant has contended that the required documents have been furnished by the complainant to the Ops. In these circumstances, we allow the complaint of the complainant and direct the Ops to pay the insured amount of Rs. 43,375/- to the complainant and the complainant will submit the required documents to the Ops. The Ops are directed to pay the award amount within 30 days from the date of submission of the necessary documents by the complainant. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 03.03.2017. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member. Member
