27.4.2022
Present: None.
We have gone through the material of the case produced by both the parties very carefully.
Learned counsel for the complainant has contended that complainant is the consumer of OP as complainant got insured his bus from OP. To prove this contention he has placed on file insurance policy Ex.C-2. He further contended that OP is deficient in rendering service as OP did not decide the claim of the complainant till today despite of lodging a claim form alongwith required documents. He further contended that complainant has suffered financial loss and mental agony due to non finalization of the claim till today.
On the other hand, OP has taken a stand that complaint is still immature as complainant did not supply the required documents which are necessary to process the claim. OP has written various letters for submission of necessary documents. OP has sent reminder also dated 25.2.19 (Ex.OP-5) and 31.5.2019 (Ex.OP-6) for the same.
Now the question for consideration before us is whether the complainant has supplied the desired documents to the OP or not.
We have perused letter dated 31.5.2019 (Ex.OP-6) wherein OP has demanded some required documents which are as follows:
(i) Original Registration Certificate (RC) of the vehicle.
(ii) Final Closure Report U/s 173Cr.P.C..
(iii) None-Traceable certificate/Report
We have also perused the all the letters issued by the OP. In all these letters OP is demanding the above mentioned documents but complainant is saying that he has already supplied these documents to the OP.
We have perused the file minutely. Documents demanded vide Sr.No.(i) and (iii) are the part of the file. Copy of RC, Untraceable report, as demanded by OP at Sr.No. (i) &(iii), are placed on file as Ex.C-6 and C-8. But it cannot be said that the same has been supplied to the OP or not. As such, these documents must be supplied to the OP for finalizing the claim.
From the above discussion, the complaint being premature stands disposed of with a direction to the complainant to supply these documents to the OP within one month from the date of receipt of the copy of the order and thereafter the OP will finalize the claim of the complainant as per terms and conditions of the Insurance Policy within two months from the date of receipt of these documents. Parties shall bear their own costs. Certified copies of the order be supplied to the parties free of cost and file be indexed and consigned to the record room.
