ORDER

1.       The present Revision Petition (RP) has been filed by the Petitioner against Respondent as detailed above, against the order dated 26.08.2019 of the State Consumer Disputes Redressal Commission, H.P. (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 136 of 2018 in which order dated 18.01.2017 of District Consumer Disputes Redressal Forum, Solan District, H.P. (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 96 of 2015 was challenged, inter alia praying for setting aside the order dated 26.08.2019 passed by the State Commission in FA/136/2018 and for restoring the order/judgment dated 18.01.2017 passed by the District Forum in CC/96/2015.

2.       While the Revision Petitioner (hereinafter also referred to as OP/Insurance Company) was Respondent before the State Commission and OP before the District Forum, the Respondent (hereinafter also referred to as Complainant) was Appellant before the State Commission and Complainant before the District Forum.

3.       Notice was issued to the Respondent on 13.04.2021.  Parties filed Written Arguments/Synopsis on 22.09.2021(Petitioner) and 11.09.2023 (Respondent) respectively.

4.       Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Forum and other case records are that:          

The Respondent/complainant had purchased a vehicle No. HP-64-A-1709 for earning her livelihood by means of self employment and to maintain her family.  The complainant obtained an Insurance Policy for her vehicle for the period from 26.05.2012 to 25.05.2013 from the OP/Insurance Company.  On 13.01.2013 the insured vehicle met with an accident near Gamberpul area and the driver of the vehicle died in the accident.  An FIR was registered under Section 279, 337 & 304A of IPC in Ramshaher Police Station.  In the accident the insured vehicle was damaged.  The information of the said accident was given to the OP/Insurance Company and upon which the OP/Insurance Company deputed a Surveyor.  The Surveyor visited the spot and estimated the loss to the tune of Rs.2,17,344/-.  The complainant submitted all the documents so required by the OP for the compensation with regard to the damage of the vehicle.  The complainant had filed a verification report of the driving license of Som Raj issued by District Transport Officer, Mon Nagaland, wherein it has been mentioned that the license was renewed upto 13.02.2016 and is genuine. The complainant spent on mechanical charges and then sent the vehicle to M/s Ramgaria Body Builders at Badhaur, Distt. Ferozpur (Pb) for installation of bus body on the said vehicle and spent Rs.4,00,000/-.  The complainant spent Rs.4,75,000/- upon the vehicle to brought it on road. The Respondent/Complainant submitted all the documents as required by the OP for the claim but the Insurance Company did not settle the claim. The complainant issued a legal notice on 22.10.2014 to the OP through his counsel but the OP failed to give any response or any reply to the notice.  Hence, the complainant filed complaint before the District Forum.

5.       Vide Order dated 18.01.2017, in the CC 96/2015, the District Forum has dismissed the complaint with liberty to approach appropriate Court for the redressal of grievances.

6.       Aggrieved by the said Order dated 26.08.2019 of District Forum, the complainant appealed in State Commission and the State Commission vide order dated 26.08.2019 in FA No. 136/2018, partly allowed the complaint and passed the following order: -

 “25.        In view of findings upon point No.1 above appeal is partly allowed. Order of learned District Forum (Nomenclature changed to District Consumer Commission as per la Consumer Protection Act 2019) is set aside. It is ordered Insurance company shall pay O.D. claim of vehicle in question to the tune of Rs.217344/-(Two lac seventeen thousand three hundred forty four) as assessed by Surveyor cum Loss As