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KUMKUM RANI, B. S. MANRAL
United India Insurance Company Ltd. – Appellant
Versus
Pradeep Singh Tomar – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 28.01.2016 passed by learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No. 335 of 2013, styled as Sh. Pradeep Singh Tomar Vs. United India Insurance Company Limited and another, wherein and whereby the consumer complaint was allowed and the appellant/opposite parties (insurance company) was directed to pay an amount of Rs. 2,25,000/- to respondent/complainant towards claim amount together with compensation of Rs. 40,000/- and litigation expenses of Rs. 10,000/-, within a period of 30 days’, failing which the complainant was also held entitled to interest @8% p.a. on the aforesaid amount from the date of judgment till realization.
2. The facts giving rise to the present appeal, in brief, are, as such that the respondent/complainant had purchased a Mahindra Bolero Camper 2000 bearing registration No. UK07-CA-0495, which was insured with the appellant – insurance company (opposite parties before the District Commission) for the period from 25.11.2011 to 24.11.2012. On dated 09.11.2012, while
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
Surveyor Report - the report of the surveyor is an important piece of document and it cannot be disbelieved unless there is any cogent and convincing reason to do so and the assessment made by the su....
Driving License – As it is proved that the vehicle was in stationary condition, therefore, there was no necessity of driving licence of the insured and in the given facts and circumstances of the cas....
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
(1) Privity of contract - It is also well settled that provisions of Consumer Protection Act, 1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contrac....
Repair Work – the insurance company should give the assessed amount immediately after the receipt of survey report in the office, so that the complainant could send his subject vehicle to the garage ....
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