Delhi

East Delhi

CC/236/2013

SHRI BALBIR - Complainant(s)

Versus

UNITED INDIA INS. - Opp.Party(s)

10 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 236/13

 

Shri Balbir

S/o Lekhraj

Block-5, Jhuggi No. 8

Khichripuri, Delhi – 110 091                                                   ….Complainant

 

Vs.

 

United India Insurance Co. Ltd..

IX/49, 1^st Floor, Main Road

Kailash Nagar, Delhi – 110 031                                                     ….Opponents

 

Date of Institution: 16.03.2013

Judgment Reserved on: 10.11.2017

Judgment Passed on: 15.11.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            Jurisdiction of this forum has been invoked by the complainant, Shri Balbir, against United India Insurance Co. Ltd. (OP) with allegations of deficiency in services and unfair trade practice.

2.        Facts of the present complaint are that the complainant, being the owner of Hero Hondo Motor Cycle bearing registration no. DL6SAE8937, insured the same with OP vide policy no. 040281/31/10/01/0000572.  On 25.10.2010, the vehicle met with an accident, for which OP was informed.  The said vehicle was repaired by authorized workshop and the claim alongwith bill and necessary documents was submitted to OP.  On inquiry from OP, the complainant was informed that the claim of the complainant for Rs, 4,700/- had already been disbursed vide voucher no. 040281/84/11/0000000029 on 01.07.2011.  It has been stated by the complainant that he has not received the cheque, hence the present complaint with direction to OP for refund of Rs. 4,700/-; compensation for harassment, mental agony and pain as Rs. 10,000/- and Rs. 5,000/- as cost of litigation.

            The complainant has annexed claim disbursement voucher, letter dated 12.12.2011 requesting for cheque and copy of statement of account.

3.        OP was served with the notice of the complaint, however, no reply was filed and subsequently their right to file WS was closed.

4.        Complainant filed his evidence by way of affidavit and deposed the contents of the complaint.  He has stated that he has not received the cheque issued by OP in settlement of the claim.

5.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  The complainant has filed Claim Disbursement Voucher (duplicate) dated 01.07.2011, where the cheque for Rs. 4,700/- has been issued in favour of the complainant.  However, the complainant has stated that he has not received the cheque in question.  Complainant has also placed on record the copy of the passbook of the account, maintained by him.  As, OP have not filed their WS despite opportunity, the allegations made in the complaint have remained unrebutted.  Hence, we direct OP to issue cheque of               Rs. 4,700/- i.e. the amount of claim settled alongwith 9% interest from the date of filing of the present complaint.  We also award Rs. 1,500/- as compensation for mental harassment and agony which includes the cost of litigation.   

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

            (SUKHDEV SINGH)

             President