Haryana

Ambala

CC/298/2022

VINOD KAUMR. - Complainant(s)

Versus

UNITED INDIA INSURANCE COMPANY LTD. - Opp.Party(s)

VINOD KUMAR

01 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Application in Complaint case no.	:	298 of 2022
Date of Institution of application	:	14.12.2022
Date of Institution of consumer complaint	:	29.07.2022
Date of Decision	:	01.06.2023

Vinod Kumar aged about 43 years son of Shri Tek Chand, resident of House No.1459, Vijay Nagar, Ambala City.         

 ……. Complainant.

                                                Versus

1. United India Insurance Company Ltd., Regd & Head Office: 24, Whites Road, Chennai-600014 Through its Authorized Signatory.
2. United India Insurance Company Ltd., Triloki Champers, Municipal Council Road, Punjabi Mohalla, Ambala Cantt., through its Branch Manager.

                                                                                   ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Bhajan Singh Behgal, Advocate, counsel for the complainant.

                             Shri Dev Batra, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

1.                Before deciding this application, it is apposite to refer the brief facts of the main consumer complaint, out of which this application has arisen. The complainant has filed consumer complaint before this Commission on 29.07.2022 seeking directions to the OPs to pay the claim amount alongwith compensation and litigation qua theft of his Activa bearing Regn. No.HR-01AK-2060 Model 2015 colour, on 26.06.2021 at about 11:00 AM, near Civil Hospital, Ambala, which was fully insured vidę Policy No.1101003121P102000481 for the period from 06.06.2021 to 05.06.2022. It has been specifically stated by the complainant in his complaint that complainant moved an application to the police station, Ambala Cantt. regarding theft of his activa and also lodged FIR 0287/2021 U/s 379 IPC, police investigated the matter but his vehicle was not traced out and police submitted the untraced report under Section 173 Cr.P.C before the Learned Illaqa Magistrate, Ambala. The complainant several times orally and in writing given intimation to the OPs regarding theft of his Activa but till date no claim has been released by the OPs. 

2.           However, when notice of the consumer complaint was served upon the OPs, for filing reply and evidence, instead of doing that, they filed the instant application seeking dismissal of the consumer complaint on the ground that as confirmed from their OD Department, no such theft claim case has till date been reported/registered by the complainant at the office of OPs and as such, in the absence of the claim form alongwith supporting documents, the claim of the complainant cannot be considered.
3.           On the other hand, in reply to the said application, it has been stated by the complainant that the OPs were duly intimated about the theft of the vehicle in question and immediately FIR was lodged with the police vide FIR No. 287/2021 U/s 379 IPC in PS: Ambala Cantt. and that this application has been moved to delay the proceedings and to avoid to file the written statement to the complaint.
4.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
5.           The learned counsel for the OPs argued with vehemence that the complainant has not lodge the claim with the OPs regarding theft of vehicle in question and in the absence of the claim form alongwith supporting documents, the claim of the complainant cannot be considered. The learned counsel for the complainant submitted that the complainant intimated the OPs about the theft of his vehicle and also lodged FIR with the police and the untraced report is on the case file.  It may be stated here that complainant alongwith complaint has placed on record copy of cover note of policy in question, copy of the FIR dated 11.07.2021 and copy of untraced report dated 12.10.2021. However, complainant has not placed on record copy of claim form or any other document alongwith consumer complaint or with the application, to show that he has lodged the claim with the OPs. Since, the complainant has failed to prove that he has lodged the claim with the OPs  then he has no occasion to blame the OPs for non-settlement of the claim and has no reason to say that the OPs have committed deficiency in service. Be that as it may we allow the present application. Resultantly, the main consumer complaint stands dismissed with no order as to cost, at this stage. Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 01.06.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President