Order

The present appeal is preferred against the order dated 08.11.2021 which was passed ex-parte by the District Commission, Kohima.

Facts of the case was that the Respondent had taken insurance policy with the appellant bearing policy no. 322202/31/2018/917 effective from 16/10/2017 to midnight

15/10/2018 with Insured’s Declared Value (IDV) of 5,02,133 (Rupees five lakhs two thousand one hundred and thirty-three) for a Mahindra Bolero Single Cab Pickup 4WD bearing registration no. NL/01Q-3018.

Unfortunately, the vehicle was stolen on 05/01/2018 around 8:30 to 9:00 PM from A.G Colony near Chief Engineer Power Office which is untraceable till date. The Complainant filed F.I.R before the South Police Station on 06/01/2019 and registered as GDE No. 9/18.

The Complainant submitted a report of the stolen vehicle to the Petitioner’s branch office at Kohima. Thereafter, on the directions of the appellant the following documents and items were submitted on the directions of the petitioner:

1. To submit the original & duplicate keys

2. To submit all vehicle documents in Original & Insurance policy

3. To submit a quation against the similar nature of vehicle as on the date of loss

4. To inform the loss to the respective DTOs/RTOs requesting them not to transfer the vehicle in favour of any person except Insurance company and forward a copy to the said letter, duly acknowledge by the concerned DTOs/RTOs which please be submitted at our office.

5. To submit certified copy of FIR/,U/S,154 C.R.P.C, Police Final report through court on stamp paper (Original)

6. To submit letter of Subrogation, indemnity & undertaking (on Non-Judicial stamp paper)

7. To submit form No. 29 & 30 for transfer of ownership

8. To submit copy of Driving Licence.

9. To submit tax card of the vehicle/Money receipt from DTOs/RTOs.

10. To submit permit Permit, Fitness certificate and Load challan (In case of Commercial vehicle).

11. To submit sale certificate and purchase cash memo (Original at the time of purchase).

Thereafter the appellants again informed the Complainant to submit the following documents on 02.09.2019:

a. Pencil print of Engine and Chassis number of the vehicle.

b. Bank clearance certificate.

c. NCRB report duly signed by the SP.

d. Copy of the acknowledge letter to the DTO informing the loss.

The Complainant/Respondent submitted the documents as demanded by the appellants on 18.09.2019.

Pencil print of the engine and chassis number of the vehicle could not be traced as the vehicle was lost and untraceable. The Complainant/Respondent approached the RTO office Kohima for the same and it could not be traced immediately as the government buildings were burnt down in arson as on 02.02.2017. The Complainant/Respondent received the letter from the RTO office only on 18.09.2019. Therefore, there was delay in submitting the relevant documents. There was 7 days delay.

A legal notice was issued to the appellants for settlement of the insurance claim within

30 days of the notice on 23.10.2019. However, there was no response. Having left with no option the Complainant/Respondent was compelled to file petition before the District Consumer Commission on 28.11.2019. Notice was issued on the same day and was posted to be heard on 20.01.2020. The appellant did not appear and the matter was refixed for 04.02.2020. The appellants did not appear for the second time. Substituted summons were allowed to be served by way of publication fixed for 03.03.2020. On the next date again the appellant/opposite party failed to appear. The Respondent/Complainant filed copy of the publication in the widely circulated daily paper of the Nagaland Post dated 14.02.2020. The District Commission ordered ex-

parte proceedings against the appellant/opposite party fixed for 24.03.2020. The proceedings could not be continued due to covid lockdown. On 20.10.2021 the Respondent/Complainant filed his deposition along with one PW Shri Asungba Yaden proving the contents of the complaint petition. The Respondent/Complain