complaint under section 12 of the consumer protection act 1986

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Nosad Khan son of Sh. ______________. …Complainant.

Vs.

1- M/S MAGMA HDI GENERAL INSURANCE COMPANY LIMITED 8 Sant Nagar East of Kailash
New Delhi -18 through its Director/MD/Principal Officer/
Authorized person

2- M/S MAGMA HDI GENERAL INSURANCE COMPANY LIMITED, 5-R/1, Ground Floor B.K. Chowk NIT, ________.
through its Branch Manager/Authorized person
.......Respondent/Opposite Party.

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT 1986 AS AMENDED UP TO DATE.

Respectfully Showeth:

1- That the complainant is registered owner of the Truck bearing its Registration No. _______, Chassis No. _______, Engine No. _______. The said vehicle was got insured by the complainant with the respondents vide Insurance Policy No. P0014100023/4103/255900 valid w.e.f. 22-11-2013 to midnight of 21-11-2014 for the total insured amount of Rs. 23,00,000/-. The complainant paid the premium of Rs. 44,292/- to the respondents and accordingly the respondents issued the said policy thereby covering all comprehensive types of risks like damage, burn, accident etc. The copies of the R.C. and Insurance Policy are enclosed herewith as Annexure C-1 & C-2.

2- That on 02-07-2014 the complainant’s driver namely _______ was driving the above said truck and was going from Faridabad to Rajasthan and when he reached at M.K.P. over bridge meanwhile the cows came out of the trees then the said driver tried to stop the said vehicle with the intention to save the cows but the said vehicle was struck against the eucalyptus trees and due to the accident there became short circuit and the vehicle in resultantly caught fire and started burning and inspite of all due diligence it could not be save. The driver and other passers byes tried to extinguish the fire but they could not succeed in doing so. The driver and the people made telephonic call to Fire Brigade but before the Fire Brigade vehicle could reach the above said Truck was totally burnt, The driver reported the matter to the police of P.S _______and on the statement of complainant’s driver the D.D. NO. 4 dated 07-07-2014 was registered in the Police Station _______. The copy of the D.D. NO. 4 dated 07-07-2014 is enclosed as Annexure C-3.

3- That thereafter the complainant contacted the respondents on the same day and the respondents sent their surveyor on the spot who took the photographs of the burnt the vehicle. The complainant obtained the estimate of damages of the vehicle from M/s Santosh Motor Garage and Earthmovers on 11-07-2014 who disclosed the estimate of Rs. 21,51,979/- on account of repairing charges.

4- That Truck bearing its Registration No. HR-38/J-9307 was the insured amount of Rs. 23,00,000/- covering all type of risks of theft, fire and damages etc. therein.

5- That at the time of issuance of the above said insurance policy, the respondents had assured the complainant that the respondents would make the payment of the amount immediately if the said vehicle met with any accident at any point of time, or will be stolen and if the same is burnt at any point of time within the validity of period of insurance Policy.

6- That the respondents assured the complainant that they will make the payment of damages of Rs. 23,00,000/- within the period of 3 months as the case was of the total loss and even the authorized Agency given the estimate of repairing of the said vehicle for Rs. 21,51,979/- and that was no assurance for proper running and use of the said vehicle as the vehicle was in total loss.

7- That the complainant as per the assurance of the respondents, the complainant parked the said Truck at the premises of M/s Santosh Motor Garage and Earthmovers, _________ but as per their advise since the vehicle was in total loss, the respondents assured the complainant that their company would make the payment of insured amount within 3 months. After the expiry of the period of 3 months when the complainant personally met with the respondents and asked them to make the payment then the respondents pretended to make the payment after completing all the formalities from their head office and thus the respondents are dilly delayed in making the payment to the complainant.

8- That the complainant has been requesting the officials to make the payment of damages of Truck bearing its Registration No. __________ i.e. Rs. 23,00,000/- but the respondents were assuring to make the payment of the said amount to the complainant but finally on 05-01-2015 have clearly refused to pay the amount of damages to the complainant.

9- That due to the deficient and negligent service of the respondents for not making the payment of the amount of damages i.e. Rs. 23,00,000/- alongwith interest to the complainant, the respondents have caused mental agony, tension and harassment for which the complainant entitled to receive the compensation amount of Rs.1,00,000/- from the respondents jointly or severally for rendering unfair trade practice, and negligent and deficiency in services and for causing the actuate mental agony and harassment to the complainant

10- That the complainant sent a legal Notice dated 06-01-2015 through registered A.D. thereby calling upon the respondents to make the payment of Rs. 23,00,000/- alongwith interest @ 18% per annum from the date of damage of the said vehicle, and also pay the compensation amount of Rs. 100000/- for causing the mental agony and harassment due to deficient service, to the complainant within the period of 15 days from the date of receipt of this legal Notice. The legal notice was duly received by the respondents, but even after receipt of the legal notice the respondents neither gave any reply made the payment of the claimed amount to the complainant

11- That the complainant is a consumer of the respondent as defined under the Consumer Protection Act, and the aforesaid act of the opposite parties amounts to deficiency of service, indulgence in unfair trade practice and malpractice.

12- That the complainant has been residing at ________ and the office of respondent No.2 company is situated at ________ and the entire cause of action to file the present complaint arose within the territorial jurisdiction of this Hon’ble forum hence this Hon’ble Forum has jurisdiction to entertain, try and decide this complaint.

13- That no such other complaint between both the parties has previously been filed , pending or has been decided by any other Forum.

14- That the required fee has been affixed with the present complaint.

PRAYER:

It is, therefore, respectfully prayed that this Hon’ble Forum may kindly be pleased to :

i) pass an order directing the respondent/opposite party to make the payment of Rs. 23,00,000/- alongwith interest @ 18% per annum from the date of damage of the Truck bearing its Registration No. _______, Chassis No. ________, Engine No. ______ to the complainant jointly or severally.

ii) pass an order directing the respondent/opposite party to pay the compensation of Rs. 1,00,000/- for causing mental agony, harassment due to your act and conduct due to deficient service on your part, to the complainant

iii) The cost of the complaint may kindly be awarded in favour of the complainant and against the respondents.

iv) Or any other relief, which the complainant is found, entitled in the facts and circumstances of the complaint and in the eyes of law may also be awarded in favour of the complainant and against the respondents with costs of the complaint.

Dated _____ Complainant

Through counsel:

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Nosad Khan

Vs.

M/S MAGMA HDI GENERAL INSURANCE CO. LTD. ETC.

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT 1986 AS AMENDED UPTO DATE.

AFFIDAVIT

I, Nosad Khan ________________do hereby solemnly affirm and declare as under:-

1- That the complainant has filed the above noted consumer complaint today before this Hon’ble forum the contents of which may be read as part and parcel of this affidavit for the sake of brevity and avoidance of repetition.

2- That the contents of the complaint have been fully read over and understood by me and the same are true to best of my knowledge and belief

Complainant

VERIFICATION: Verified that the contents of my affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein. Verified at on ___
Complainant

Legal drafting

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complaint under section 12 of the consumer protection act 1986

complaint under section 12 of the consumer protection act 1986