Romesh Verma, Judge(oral)

The present petition arises out of the order as passed by the National Consumer Dispute Redressal Commission dated 14.08.2025, whereby the order as passed by the H.P. State Consumer Redressal Commission, Shimla dated 07.11.2024 and the order as passed by the learned District Consumer, Disputes Redressal Commission, Mandi, H.P. dated 09.11.2023 have been affirmed.

Brief facts of the case are that the present respondent filed a complaint under Section 35 of the Consumer Protection Act, 2019. It was averred that complainant had purchased JCB 3DX Excavator bearing registration No.HP33E 5365 for earning his livelihood by way of self employment . The said JCB machine was insured with the opposite party under the comprehensive Insurance Policy for a period commencing from 13.09.2021 to 12.09.2022 and the same was financed with Kotak Mahindra Bank . During the subsistence of above insurance policy on 18.01.2022 when the above machine was engaged by HPPWD department for clearing the road at place Grahon Nala, near Banjar, District Kullu, H.P. then suddenly above said machine fell into a deep gorge due to skidding over the snow on road.

It has been averred that due to accident, heavy loss was caused to the machine of complainant. The complaint was lodged with the concerned police and police lodged FIR No. 10 dated 28.01.2022. The said accident was immediately intimated to the opposite party and they had assured that the claim of complainant shall be settled very soon. At the time of the accident the insured declared value of above machine at the rate of Rs. 15,00,000/- The opposite party had assured the complainant to settle the own damage claim of machine in accordance with the insured declared value of the machine. Though, various requests were made to the opposite party,however no steps were taken for the redressal of the grievances of the complainant.

As per complainant the opposite party assessed the value of scrap of machine @ Rs.3,00,000/- with papers and Rs. 2,00,000/- without papers and cleverly with dishonest intention to deprive the complainant from own damage claim compelled the complainant to give his consent by way of affidavit to settle the own damage on lessor amount of Rs.9,47,660/- with RC and Rs. 10,47,660/- without RC. But complainant has not given his consent at such a lessor amount, as opposite party wanted to usurp the value of scrap of machine, which was got assessed by opposite party to the tune of Rs.3,00,000/- with RC and Rs.2,00,000/- without RC, whereas insured declared value of machine was Rs.15,00,000/-. Complainant as requested opposite party to pay the entire own damage claim of Rs.15,00,000/- and to take away the scrap of vehicle, but thereafter opposite party neither settled the own damage claim nor repudiated the same, though sufficient time of about 11 months expired. Therefore, it was prayed that there is not only deficiency in service but it is also a gross unfair trade practice, due to which the complainant has not only suffered monetary loss of Rs.15,00,000/- but has also been burdened with heavy rate of interest for non payment on account of non-settlement of own damage claim within time. Therefore, it was prayed that the opposite party be directed to pay sum of Rs. 15,00,000/- as own damage claim alongwith interest @ 12% P.A from the date of accident i.e 18.01.2022 till the making of the final payment. It was further prayed that opposite party be directed to pay compensation to the tune of Rs. 500,000/-, to the complainant.

The complaint as filed by the present respondent was contested by filing a detailed reply, wherein, it was averred that the investigation was conducted by the opposite party and it came to the knowledge that JCB bearing No HP33 E-5365 on 18.01.2022 met with an accident at Shaminallah and at the relevant time, seven persons including driver were travelling in JCB. It was further averred that sitting capacity of JCB is one i.e for driver and 6 other p