Complainant Rishav Nabh has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act, 2019 (for short, C.P. Act.) seeking necessary directions to the opposite parties to pay the claim amount of Rs.48018.00 i.e. the IDV value of the vehicle alongwith interest @ 12% per annum from the date of filing the complaint. Complainant has also claimed Rs.30,000/- for deficiency in services and Rs.20,000/- for physical and mental harassment from the opposite parties no.1 and 2, in the interest of justice.

2.       The case of the complainant in brief is that a motorcycle Splender Plus self (Black Colour) having registration No.PB-35-AC-4112 purchased by him from B.M. Enterprises Near A.B. College, Jalandhar-Dalhousie Byepass, Pathankot on 26.01.2018 for Rs.50,545/- and he is the owner of this vehicle and the same was registered with the Transport Authority, Pathankot on 03.03.2018. It was pleaded that above said motorcycle was got insured by the complainant with the opposite parties vide policy No.3901023117620423387 for a period from 26.01.2018 to 25.01.2019 and the IDV value was declared as Rs.48018.00 and said policy was taken by the complainant not for any benefit but only for indemnity the loss if any occurred and as such complainant falls under the definition of Consumer. It was further pleaded that above said vehicle i.e. motorcycle was missing/stolen from Grant Hotel, Pathankot at 9.15. P.M. (approx.) night time on 04.11.2018 and the DDR for the same was duly registered on 17.11.2018 Under Section 379 IPC at P.S. Division No.2 Pathankot in the area of which the vehicle was stolen and after it intimation was duly given to opposite party No.1 through a letter dated 06.11.2018 and all the necessary documents were provided to the opposite parties and were also completed all the formalities but inspite of all this, claim has not been paid by the opposite parties without any reasonable cause.  It was also pleaded that complainant approached the opposite parties many times for getting his genuine claim but the same was not paid by the opposite parties by making false excuses. Complainant also approached to the higher authorities of the opposite parties and informed regarding the theft of the motorcycle through E-mail but they also failed to pay the claim of the complainant. It was next pleaded that there is deficiency in services on the part of the opposite parties who failed to pay the claim and complainant suffered huge loss due to the illegal act and conduct of the opposite parties, hence this complaint.                   

3.       Notice was issued to the opposite parties who appeared through  their counsel and filed written reply by taking the preliminary objections that complaint is false and frivolous, complainant is not maintainable as the same is premature, no cause of action has arisen in favour of the complainant. On merits, it is correct that vehicle of the complainant was missing/stolen from Grant Hotel, Pathankot at 9.15 P.M. (approx.) night time on 04.11.2018 and DDR was duly registered on 17.11.218 under section 379 IPC at P.S. Division No.2 Pathankot in the area of which vehicle was stolen and intimation regarding it was also duly given to the opposite party No.1 through letter dated 06.11.2018. It was stated that on 06.11.2018 father of the complainant Mr.Ramesh Kumar intimated the opposite party regarding the accident and thereafter opposite party  deputed Bawa Investigation Agency GIC Investigators & Consultants Pathankot  to inspect and assess the theft loss who submitted his report on  27.06.2019 in which they concluded that " In our considered opinion the claim of insured regarding theft of motor cycle bearing regd. No.PB-35AC-4112 on 04.11.2018 between 8.00 P.M. to 9.30 P.M. from near Hotel Grand Park is Genuine hence we left the claim for the consideration of under-writers as they deem fit subject to submission of NCRB report/police Final report as per terms, conditions and acceptance of the liability by the insurer". It was further stated that through letters dated 04.07.2019, 23.07.2019 and 20.08.2019 opposite party No.1 requested the complainant to provide documents i.e. N.C.R.B. Report, NOC from financier and untraceable report from competent authority to finalize his claim but he failed to reply the above said letters and provide the necessary documents and on 28.08.2019 opposite parties closed the claim file of the complainant as 'No Claim' as per terms and conditions of the policy for non supplying of requisite documents and informed regarding it to the complainant. All other averments made in the complaint have been denied and prayed for dismissal of the complaint with special costs under section 35-A C.P.C.

4.       Counsel for the complainant has tendered into evidence affidavit of Rishav Nabh complainant Ex.CW-1/A alongwith copies of relevant documents Ex.C-1 to Ex.C-6.

5.       Alongwith written reply counsel for the opposite parties has filed affidavit of Sh.Janak Raj, Asstt. Manager alongwith other documents Ex.OP-1 to Ex.OP-7.

6.       Rejoinder on behalf of complainant filed.

7.       Written arguments filed by complainant but not filed by the opposite parties.

8.       We have carefully gone through the pleadings of counsels for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint.

9.       Complainant has stated that he owns a motorcycle Splender Plus Registration registration No.PB-35-AC-4112. That he got it insured from opposite party vide policy certificate No.3901023117620423387 for the period 26.01.2018 to 25.01.2019 and IDV of Rs.48018.00 (Ex.C-3). That on the evening of 4.11.2018 around 9.15 PM the said motorcycle was stolen from, near, Grant Hotel, Pathankot and a DDR registered on 17.11.2018 placed as (Ex.C-5). Complainant pursued regarding his claim with opposite party with his first information as Ex.C-4 and then afterwards with Ex.C-6 but the said claim has not been paid so far.

10.    Opposite party on their part though admit the fact of the case but express their helplessness to finalize the claim in the absence of three documents i.e. NCRB Report, NOC from financer and Untraceable Report from Police.

11.     In view of the facts and circumstances detailed above, the complaint is disposed of with the directions to complainant to furnish three documents NCRB Report, NOC from financer and Untraceable Report from Police to opposite party within one month from the date of receipt of copy of this order and opposite party to finalize the claim of the complainant within 15 days from the receipt of this documents, failing which opposite party shall have to pay an interest on the claim @ 6% P.A. from the date of institution of claim till its realization. Opposite party is further directed to pay Rs.3000/- as compensation and litigation expenses to the complainant alongwith rightful claim.

12.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.  

                    (Naveen Puri)

                                                                                     President.                          

ANNOUNCED:                                                                (R.S.Sukhija)

August 17, 2022.                                                         Member.

MK.