Haryana

Karnal

396/2013

M/s M.D. Agro Foods - Complainant(s)

Versus

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

V.S. Sehgal

28 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM KARNAL.

 

                                                          Complaint No.396 of 2013

                                                          Date of instt.17.09.2013

                                                          Date of decision: 6.04.2015

 

M/s M.D.Agro Foods, Nissing District Karnal through its Managing  Partner Ajay Kumar Goyal

                                                                  ……..Complainants.

                   Vs.

 

M/s United India Insurance Co.Ltd.D.O.Office, Durga Bhawan Temple, GT Road, near Bus Stand Karnal through its Senior Divisional Manager, Karnal.

                                                                  …..Opposite Party.

 

                                      Complaint u/s 12 of the Consumer

                                      Protection Act.

 

Before          Sh.Subhash Goyal……..President.

                   Smt.Shashi Sharma……Member.

 

 

 

Present:-      Sh.V.S.Sehgal Advocate for the complainant.

                   Sh.Narender Chaudhary Advocate for the OP.

ORDER

 

                   The complainant has filed the present complaint against the Ops u/s 12 of the Consumer Protection Act on the grounds that the vehicle bearing registration No. HR-19F-0003 was duly insured with the OP for the period w.e.f. 3.1.2012  to 2.1.2013  vide Insurance policy No. 420019 dated 3.1.2012.  It has been  further alleged that the said vehicle met with an accident  in December,  2012 and the complainant informed the OP and lodged the claim by furnishing all the relevant document but OP has failed to pay the claim amount to the complainant which amounts to deficiency in services on the part of the Ops. Thus, alleging deficiency in services on the part of the OP, the complainant has filed the present complaint against the Ops and have sought the claim of the vehicle and compensation for the harassment caused to them and also litigation expenses.  He  his affidavit in support of the contents of the complaint alongwith certain other documents which will be discussed at the relevant places.

 

2.                On notice the Ops  appeared and filed joint written statement raising the preliminary objections that the complainant was not maintainable before this Forum : that this Forum has got no jurisdiction to entertain and to try the present complaint and that the complainant has suppressed the true and material facts while filing the present complaint.

 

                   On merits issuance of the insurance policy has not been denied by the Ops. It has been contended that the complainant neither lodged any claim with the OP nor submitted any documents with the Ops, therefore, the question of deciding the claim in respect of damages to the vehicle in question  does not arises at all. The other averments made in the complaint has been denied by the OP in  its written statement. Sh.  S.S.Vasudeva Addl. Divisional Manager of the OP , has also tendered his affidavit in support of the contentions made in the written statement.

 

3.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

4.                After going through the evidence on the file and circumstances of the present case, it emerges that the complainant has not produced any evidence on the file to show that the complainant ever informed the OP regarding the accident of the vehicle in question   or lodged claim with the OP regarding the same.  In such circumstances, it has to be held that in the absence of lodging of any claim no deficiency can be said to have taken place on the part of the OP and as such no cause of action can be said to have accrued in favour of the complainant and thus the present complaint is pre-mature.

5.                Therefore, in view of the above discussion, we direct the complainant to lodge the claim with the OPs regarding the damages sustained by the vehicle in question in the accident,   within a period of fifteen days and thereafter the OP shall settle the claim of the complainant within a period of thirty days.   The present complaint is disposed off accordingly. The parties concerned be communicated of the order accordingly and file be consigned to the record room after due compliance.

 

Announced

6.04.2015                                                   (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

 

                   (Smt.Shashi Sharma)

                             Member

 

 

 

 

 

Present:-      Sh.V.S.Sehgal Advocate for the complainant.

                   Sh.Narender Chaudhary Advocate for the OP.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

6.04.2015                                                   (Subhash Goyal)

                                                                   President,

District Consumer Disputes  

Redressal Forum, Karnal.

 

                   (Smt.Shashi Sharma)

                             Member