IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI NC/SA/760/2025 (Against the order dated 29.07.2025 in F.A. No. 37/2025 of the State Consumer Disputes Redressal Commission, Odisha)

WITH IA/13537/2025 IA/14206/2025 (STAY, CONDONATION OF DELAY)

HDFC Ergo General Insurance Co. Ltd. … Appellant Versus Srinivas Patnaik & Ors. … Respondents BEFORE:

HON’BLE MR. JUSTICE A.P. SAHI, PRESIDENT HON’BLE MR. BHARATKUMAR PANDYA, MEMBER For Appellant : Mr. Sameer Nandwani, Advocate Dated: 06.01.2026

ORDER

1. This is an appeal under section 51(2) of the Consumer Protection 2019 arising out of CC No. 45/2023 instituted before the District Consumer Disputes Redressal Commission, Koraput at Jeypore, Odisha and F.A. No. 37/2025 decided by the State Consumer Disputes Redressal Commission, Cuttack, Odisha.

2. The complaint was filed by the respondent no. 1 upon denial of an insurance claim by the appellants after his car Maruti Wagon R met with an accident on 16.09.2022. The car was insured by the appellant for the period from 03.05.2022 to 03.05.2023 for an insured value of Rs. 2,34,023/-. The car was hit by two bike riders in a drunken state with a frontal impact while parked beside the main road at a particular place.

3. The intimation of the accident and loss was given to the Insurance Company with all relevant papers including FIR, Registration papers etc.

Paragraphs 5, 6 and 7 of the complaint are extracted hereinunder:

5) That on dated 16/09/2022 the above said Car(Maruti WagonR) bearing Registration No-OD-10-J-8919 mét ah accident under Narayanpatna Ps. That Two Bike Riders who were drunk came at very high speed and hit the Car(Maruti WagonR) bearing Registration No-OD-10-J-8919 from the front side.That case was registered under PS Case No-79/2022 of Narayanpatna PS. The fact was duly intimated to the local police and the insuarance company also. Due to the Accident the Car(Maruti WagonR) bearing Registration No-OD- 10-J-8919 got badly damaged for which the complainant has also got his 'Claim No.C230023030704 which was generated by the insurer. The Ops assured to depute their surveyor for the spot visit.

6) That on the date of alleged accident of the said Car(Maruti WagonR) bearing Registration No-OD-10-J-8919 was parked beside the main road of Narayanpatna when two bike riders who were drunk very heavily came and hit the vehicle at a very high speed damaging the vehicle. So the complainant was eligible to get the insurance. After repeatedly informing the insurance company that none of the staff of the Ops came to the place of accident to see the condition of the vehicle and access the loss to the Car(Maruti WagonR). As per the advice of the opposite parties department the complainant sent all the relavant documents,Such RC.Book, Insuarance documents. DL.Etc. to the concerned surveyor. The Surveyor asked for Photographs of the damaged Car(Maruti WagonR). The complainant again sent the photograph of the damaged portions of the vehicle in question to the said surveyor.

7) That the repairer RITIK Automotive, Tahsil Office Road, Semiliguda, Koraput, Pin-764036 estimated the cost of repair at Rs-1,27,300/-(One lakh Twenty Seven Thousand and Three Hundred Only) on production of damaged vehicle and dismantling. Receiving the estimate for repair of the involved vehicle ((Maruti WagonR) bearing Registration No-OD-10-J-8919) on 10/03/2023 the same was also send to the surveyor as per the instruction of the said surveyor.

4. The said paragraphs of the complaint have been replied in paragraphs

6 and 7 of the reply / written version of the Insurance Company as follows:

6. That the contents 1 ) to 6) are matters of record and hence no comment. 7. That the contents 7-9 have already been explained at length in the preceding Paras and are hereby denied and the complainant is subject to strict proof of the same with documentary evidence.

5. A perusal of the said pleadings would indicate that it has been categorically stated by the complainant that the d