Mr. Justice R.N. Mittal, President—Briefly the facts are that the complainant is the owner of Maruti Car bearing No. DIC 3915, which was insured with the respondent for a sum of Rs. 80,000/- for the period from 24.12.91 to 23.12.92. The car met with an accident on 10.12.92 at about 7 p.m. near Kalyan Vihar, Delhi-9. The matter was reported to the Police Station, Kingsway Camp, Delhi on 11.12.92. The complainant informed the respondent about the accident and requested them for deputing a surveyor for inspecting the car. They appointed Mr. Charanjit Sharma as the surveyor.

2. The complainant obtained the estimate of repairs/replacement of parts from M/s. Frontier Automobiles (hereinafter referred to as ‘the repairer’) and handed over the same to the respondent. The repairer had claimed Rs. 63,000/- for replacement of parts plus sales tax and Rs. 9,200/- as labour charges. It is further alleged, that it was suggested by the respondent that he should get the estimate of the repairs/ replacement of parts from authorised Maruti dealer in order to enable the respondent to exercise their option in terms of the policy. Consequently, he obtained the estimate of repairs/replacement of dam