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KUMKUM RANI, C. M. SINGH
Shamim Begum – Appellant
Versus
B. M. Hyundai, B. M. Auto Sales Pvt. Ltd. – Respondent
ORDER
Kumkum Rani, President.—Both the appeals under Section 15 of the Consumer Protection Act, 1986 have been directed against the judgment and order dated 15.10.2018 passed by the learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as the District Commission) in consumer complaint No.256 of 2013 styled as Smt. Shamim Begum Vs. B.M. Hyundai Auto Sales Pvt. Ltd. and anr., wherein and whereby the complaint was allowed.
2. As both the appeals have arisen from the same judgment and order dated 15.10.2018, therefore, it is just, proper and appropriate to decide them together for the sake of convenience.
3. The facts giving rise to the present appeal, in brief, are as such that the complainant booked a Hyundai Elantra Car from the opposite party No.2 – B.M. Auto Sales Pvt. Ltd. on 17.12.2012 after depositing Rs.20,000/-. The car model booked was New Elantra, Variant-CRDI, 1.6 Color-Red, manufacturing year 2012, ex-showroom price was Rs.15,08,101/-. The insurance amount of Rs.35,663/- and also purchased GPS worth Rs.10,000/- RTO registration charges being Rs.78,770/- amounting to a total of Rs.16,22,535/-. The complainant paid Rs.3,97,000/- through ch
The failure of a company to fulfill contractual obligations, including the provision of necessary documentation, justifies recovery of damages for losses incurred by the consumer.
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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 ....
(1) Once insurer fails to mention particular ground for repudiation and processes claim with some positive action, Insurer cannot subsequently raise that ground and repudiate claim.(2) Contractual ob....
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....
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