VEENA BHATNAGAR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This is an appeal filed by the complainant Smt. Veena Bhatnagar against the order dated 22.1.1996 passed by District Forum, Lucknow in Complaint Case No.994 of 1994 by which the complaint was disposed of being prematured and the Insurance Company-opposite party was directed to decide the claim within 45 days from the date of the order provided the complainant submitted required documents/papers within 20 days and if no documents are filed by the complainant in given time, the Insurance Company shall be at liberty to settle the claim on the merit as the case may be within the above given time.

(2.) The complainant Smt. Veena Bhatnagar in her appeal has challenged the Distt. Forum's order dated 22.1.1996 on the grounds that it has not appreciated the evidence and material on record while she has already submitted required information demanded by the New India Assurance Company Ltd. , and without giving any weight to her evidence the Distt. Forum had illegally dismissed the complaint directing her to submit the required information within 20 days to the New India Assurance Company who had also been directed to settle the claim within 45 days on receipt of the information given by her. It was further alleged that the Distt. Forum has not given any specific finding as to what were the information required by the Assurance Company which were not given by her. She asserted in her appeal that there has been inordinate delay in settling the claim for a long time which compelled her to give a legal notice and file a complaint before the District Forum, Lucknow.

(3.) We have heard the learned Counsel of both the parties and perused the record and documents filed and Surveyor's report dated 13.5.1994 submitted by the respondent New India Assurance Company Ltd. , before this Commission. The facts of the case in brief are that Mrs. Veena Bhatnagar purchased a Maruti Car in taxy quota No. U. P.32 A4088 for Rs.1,73,633.99 on 29.10.1991. The car was last insured on 10.1.1994 to 9.1.1995 for a sum of Rs.1,40,000/- but the car was stolen from Butler Palace Colony on 12.1.1994 between 8.15 to 8.30 p. m. The F. I. R. was lodged with the Police Station Hazratganj, Lucknow at 9.20 p. m. on the same day and report was also sent to the New India Assurance Company-respondent immediately. The police submitted final report to the Judicial Magistrate who accepted the same. She had submitted her claim with Assurance Company and made available all required information but the Assurance Company did not settle the claim on one or the other pretext and she was harassed by it asking her information again and again which she had already furnished. She also sent a legal notice to the New Assurance Company Ltd. , and when no action was taken to settle the claim by the New Assurance Company she filed the complaint before the District Forum for direction to it for payment of damages alongwith interest for the delay and compensation for the harrassment.