Bihar

Gaya

CC/22/2016

Md. Masood Ahmad Khan - Complainant(s)

Versus

United India Insurance Co. Ltd. - Opp.Party(s)

Alok Ranjan

16 May 2017

ORDER

  In the court of District Consumer Forum, Gaya
      Consumer Complaint Case No. C.C-22 of 2016

Masood Ahmed Khan son of late Mohammad Samim Khan, resident of mohalla White House compound, police station- Rampur, District -Gaya......... Complainant

                                      Vs
1. United India Insurance Company Limited, through its administrative officer, registered and head office- 24, White House Road, Chennai, Tamil Nadu, Pin 3., Mr K.K Ambedkar, Divisional Manager, United India Insurance Company Limited, Division Office, 4. Mr Iqbal Ahmed Khan, agent, United India Insurance Company Limited, agent code AG D , Gaya branch office, Swastik Bhawan, A N Road, Gaya, Bihar, PIN

                                                            Case No. C.C-22 of 2016

 

 

 

 

 

 

Present:
             1. Shri Ramesh Chandra Singh..... President

             2. Syed Mohtashim Akhtar....Male Member

             3. Smt. Sunita Kumari ....Female Member

Dated:- 16^th  May of 201

1. In brief the case of the complainant is that he is registered owner of a Honda Shine motorcycle bearing registration number BR 02P which was insured by the opposite party number one for the period commencing scenes 3rd January . The said vehicle was stolen on 13 April

                                                Case No. C.C-22 of 2016

 

 

 

 

28 November complainant. The police after investigation found the case of theft of motorcycle of the complainant as true but without any clue and submitted final report number

                                                           2. Notice the opposite party number 1, 2, 3 and 4 appeared and filed the written statement separately.

                         3. In written statement the opposite party number 1,2,3 and 4 asserted that the complainant obtained a policy from the opposite party for vehicle motorcycle number BR 02 p P/

                                                Case No. C.C-22 of 2016

 

 

 

 

 

reason of delay of 5 days fans the opposite parties on the street of decision of National Commission report dated the claim of complainant.

                     4. Now the court has to decide whether the complainant has been able to prove the case against the opposite parties and weather he is entitled to get relief sought for.

                     5. Now there is a sole question to decide by this court weather the Complainant has given information to the opposite parties after 5 days of the incident without any reason.

                      6. Admittedly the complainant obtained a policy from the opposite party number 1,2,3  for his vehicle motorcycle number BR 02 P / .Admittedly the vehicle was  stolen and a FIR was lodged before Civil Lines P.S on 30 April C regarding policy number it has been mentioned that his file has been closed because she has not complied  with the required papers and also he has withdrawn his claim by giving his consent through his letter  dated 13 August

                                                Case No. C.C-22 of 2016

 

 

 

 

 

complainant to the opposite parties. Hence, the contention of the opposite parties that there was delay in giving information of 5 days was reason of repudiation of the claim is not sustainable.

                                  7. After considering the case and contention of both parties and also from considering all the documents and evidences on affidavit we are of the opinion that there is a deficiency in service on behalf of opposite parties and we are of the also opinion that they have caused mental agony and harassment to the complainant. We ,therefore, direct the opposite party No. 1,2, and 3 to pay ₹order. The complainant will be entitled to get 8% per annum on the amount not paid within the stipulated period and he will also entitled to get the same by the process of court.

 Dictated and corrected

 

Female Member       Male Member                     President

Sunita Kumari           Syed Mohtashim Akhtar      Ramesh Chandra Singh