STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 01.03.2019 Date of final hearing: 30.09.2022 Date of Pronouncement:30.09.2022 APPEAL NO.220 OF 2019 IN THE MATTER OF

1. Magma HDI General Insurance Company Limited, Magma House, 24, Park Street, Kolkatta 700 016.

2. Magma HDI General Insurance Company Limited, 2^nd Floor, City Center, GT Road, Tikoni, near Sepal Hotel, Bathinda, Punjab through Shri Sunil Gupta, Assistant Manager- Legal Claims available at Magma HDI General Insurance Company Limited, Branch Office at SCF -110, 2^nd Floor, Phase 7, near AXIS Bank, Mohali-160 061.

(Through :- Shri Inderjt Singh, Advocate)

….Appellants/Opposite Parties Versus Raghuvir Singh son of Jhandu Ram, aged 30 years, resident of Dundahera at present resident of Village Kikral Siwani, District Bhiwani, Haryana.

(Through :- Shri H.S. Bhandari, Advocate)

….Respondent/Complainant CORAM: HON’BLE MR. JUSTICE T.P.S. MANN, PRESIDENT MRS. MANJULA, MEMBER Present: Shri Inderjit Singh, counsel for the appellants.

Shri H.S. Bhandari, counsel for the respondent.

PER: T.P.S. MANN, J.

ORDER

1. For the reasons mentioned therein, the miscellaneous application is allowed and the delay in filing of the appeal is condoned.

2. The opposite parties, namely, Magma HDI General Insurance Company Limited, Magma House, 24, Park Street, Kolkatta and Magma HDI General Insurance Company Limited, 2^nd Floor, City Center, GT Road, Tikoni, near Sepal Hotel, Bathinda, Punjab have preferred the present appeal for challenging the order dated 12.12.2018 passed by the District Consumer Disputes Redressal Forum, Bhiwani whereby complaint preferred by complainant Raghuvir Singh was allowed and the opposite parties directed to pay insured amount i.e. Rs.12,00,000/- to the complainant alongwith interest @ 12% per annum from the date of filing of the complaint till its realization; Rs.2,00,000/- as compensation on account of mental agony, physical harassment and hardship, loss of business and punitive damages due to deficiency in service on the part of the opposite parties and Rs.10,000/- as litigation charges to the complainant. The opposite parties were further directed to make the payment of the awarded amount to the complainant subject to furnishing of NOC from HDFC Bank (Financer) by the complainant and the compliance of the order to be made within 30 days from the date of the order.

3. In his complaint, the complainant had pleaded that he was owner of JCB, New Holland, Model 2009 bearing Registration No.HR-55T- 9280 and had got insured the JCB from opposite party No.1 vide policy No.P0015100017/ 4107/106494 dated 04.11.2014 valid from 04.11.2014 to 03.11.2015 and paid an amount of Rs.14,865/- as premium. On 15/16.8.2015 the complainant locked his JCB after parking the same in front of his house. The JCB was stolen by some unknown person on the night of 15/16.8.2015. The complainant tried to search the JCB, but all in vain. The complainant made a complaint to the police regarding theft but the police lodged FIR No.0184 dated 19.8.2015 under Section 379 IPC against unknown person. The complainant informed the opposite parties about the theft of the JCB on help line No.180030023202 which was registered by the opposite parties at Magma Repute No.10261672. The opposite parties gave assurance to the complainant for the settlement of his claim after completion of six months. The JCB was not traced out by the police and untrace report submitted by the police on 9.6.2016 which was accepted by the court on the same day. The complainant had supplied all the relevant documents to the opposite parties with the request to settle the claim but the opposite parties failed to do so. The complainant had served a legal notice upon the opposite parties through his counsel but to no effect. Hence, the complaint.

4. Upon notice, the opposite parties put in appearance and filed written statement denying the allegations levelled by the complainant and contested the claim of the com