First Appeal No. 1701 of 2011. Case: Oriental Insurance Company Ltd. and Anr. Vs Kulwinder Pal. Punjab State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 1701 of 2011
CounselFor Appellant: Mr. Navin Kapoor, Advocate and For Respondents: Mr. Amit Saini, Advocate
JudgesGurdev Singh, J. (President), Baldev Singh Sekhon and Surinder Pal Kaur, Members
IssueConsumer Law
Judgement DateFebruary 03, 2014
CourtPunjab State Consumer Disputes Redressal Commission


Baldev Singh Sekhon, Member

  1. This appeal has been filed by the appellants/opposite parties against the order dated 21.10.2011, passed by the District Consumer Disputes Redressal Forum, Shaheed Bhagat Singh Nagar (in short "District Forum"), vide which the complaint filed by the respondent/complainant was allowed and they were directed to pay Rs. 71,900 to him. Compensation of Rs. 5,000 and litigation expenses of Rs. 3,000 were also awarded to him. Briefly stated, the facts of the case are that the complainant got his brand new Bullet, Enfield, STD motorcycle insured with the opposite parties after paying necessary premium, which was valid from 22.10.2009 to 21.10.2010. It was averred that on 19.11.2009, the said motorcycle was taken by his relative, Sh. Sarabjit Singh, along with his friend Baljit Kumar, to pay obeisance to Changer Makred, Police Station Bangana, District Una (HP) and was parked at about 7.00 p.m. in the parking. After visiting the temple when they came out at about 11.00 p.m., the said motorcycle was found missing from that place. They searched for the motorcycle but it could not be traced. Thereafter, the matter was reported to the local police and DDR was recorded. The police authorities, after investigation, issued untraced report dated 9.4.2010. The complainant gave intimation to the opposite parties and also visited their office many times for settling his insurance claim, but they failed to settle the claim despite legal notice dated 21.8.2010. He filed complaint before the District Forum on 29.9.2010 which was disposed of on 28.12.2010 with the following observations:

    For the aforesaid reasons, we dispose of the complaint, with directions to the complainant to submit formal claim, and supply requisite documents/information to the O.Ps. within a period of one month, and O.Ps. to settle the claim and convey the decision to the complainant, within a period of two months, thereafter. In case, the complainant is not satisfied, either with the decision or with the quantum of money, awarded by the O.Ps. on account of claim, then he would be at liberty to approach this Forum, again by filing the complaint.

    Thereafter, he submitted his claim, along with documents, as directed by the District Forum, and approached them for settling the claim. However, the opposite parties repudiated same, vide letter dated 23.5.2011, without any reasonable cause. Alleging deficiency in service, he filed the complaint before the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT