ORDER

This is an Appeal filed by the above named Appellant/opposite party under Section 41 of the Consumer Protection Act, 2019, being First Appeal Case No. 5 of 2022 (in short the Appeal), challenging the order dated 22.07.2022 (hereinafter referred to as the impugned order) passed by the District Consumer Disputes Redressal Commission, Imphal (in short the District Commission) in Complaint Case No. 6 of 2021 (hereinafter referred to as the Complaint). While allowing the Complaint the Ld. District Commission passed the impugned order dated 22.07.2022 in favour of the Respondent directing the Appellant to pay an amount of Rs. 86,609/- (Rupees Eighty Six Thousand six hundred and nine only) within 30 days from the date of receipt of impugned order.

2. The brief facts of the Appeal are that the Respondent namely Mr. R.K. Sanayaima Singh approached the Appellant namely M/S Eastern Motor’s office for ordering a small pick-up truck for his own personal use. The Respondent briefed the Appellant about his wish for a registration under private vehicle category and a non-commercial policy package for the said vehicle. Hence, the Respondent booked for the purchase of the Maruti Super Carry Diesel STD on 08.05.2018 at the Appellant’s sales office/showroom. Accordingly, the said vehicle was delivered to the Respondent on 22.06.2018, with Engine No. E02A1021243, Chassis No. MA3FZBH1T00110855, Metallic Silky Silver in colour. But to the utter surprise, though he briefed the Appellant for non-commercial insurance policy, the Appellant issued MARUTI Insurance Policy certificate bearing no. 900259006/N90226326 for the period from 15th March, 2018 to the midnight of 14th March, 2019 for commercial package at the “SBI General Insurance Company Pvt. Ltd”, but the vehicle was registered under Private Vehicle category. All the documentations like registration certificate, insurance of the vehicle were handled by the Appellant’s office on behalf of the Respondent since he had limited knowledge regarding the above stated documentations after the purchase and delivery. Consequently, the Respondent made a verbal complaint regarding the benefits of commercial and non-commercial packages in that the Appellant assured that the said insurance package/policy could be changed to non-commercial at the time of renewal of the insurance policy and that he would be entitled with the both the benefits of commercial and non-commercial policy package. Accordingly, on expiry of the 1st Insurance policy, he approached the Appellant for the renewal of the insurance policy under non-commercial policy. However, the Appellant again issued a commercial Insurance Package Policy under No. 98000030080307650531 with validity from 28.03.2019 to 27.03.2020 at the “New India Assurance Company Pvt. Ltd” despite his choice and request for the reasons best known to the Appellant.

3. The further case of the Respondent in the complaint is also that during the subsistence of the second Insurance Policy, sometime in the month of April, 2019, the said vehicle needed repairs owing to breaking down of some parts, with some scratches on the vehicle’s body as well. Thus, the present Respondent approached the workshop run by the Appellant for repairing of the vehicle against the insurance policy which was turned down for repairs against the insurance claim on the ground that the said vehicle was registered under private vehicle category but the insurance policy was that of a commercial package. Hence, the Respondent was further told that he would be entitled to avail the insurance claim of the repairs if he could bring Route Permit and Fitness Certificate. But the Appellant stated that the said certificates were given only for commercial vehicles and not for private vehicles. Consequently, the Respondent was compelled to repair his vehicle at his own personal expense at a private workshop