Revisional jurisdiction under Section 58(1)(b) of the Consumer Protection Act, 2019 is limited to addressing jurisdictional errors or manifest illegalities; it cannot be invoked to re-appreciate factual findings or evidence already concurrently settled by lower consumer fora.

ORDER

PER JUSTICE SAROJ YADAV, PRESIDING MEMBER

1. The present Revision Petition has been filed challenging the order dated 23.11.2023 passed by the Bihar State Consumer Disputes Redressal Commission (For short ‘State Commission) in First Appeal No. 140/2020, whereby the learned State Commission upheld the order dated 25.06.2020 passed by the District Consumer Disputes Redressal Forum, Banka (for short ‘District Forum’) allowing the consumer complaint being CC/09/2019 filed by the Respondent.

2. The Complainant/Respondent in his original complaint stated that he is the owner of a Hiva make truck bearing Registration No. JH-04N-3962. The said vehicle was insured with the Petitioner/ Opposite Party/The New India Assurance Company Limited under Policy No. 540704511170100001510 for the period from 24.10.2017 to 23.10.2018. It was averred that on 19.09.2018 the said vehicle met with an accident near Ratanganj Bazar while the Complainant and his conductor, Ramesh Yadav, were travelling in it. In the said accident the conductor sustained injuries and the vehicle was completely damaged. At the time of the accident the vehicle was loaded with yellow sand. The Complainant submitted a written complaint to the local Police Station at Sajore, Bhagalpur. The Complainant further submitted that the accident was intimated to the Insurance Company on the same day through his mobile phone, whereupon the insurer demanded relevant documents and registered a claim bearing No. 5407043118019999994. The Insurance Company appointed a Surveyor to inspect the damaged vehicle and ascertain the cause and extent of loss. As per the oral directions of the Surveyor, the Complainant obtained an estimate for repair from Vikramsheela Automobile Pvt. Ltd., Bhagalpur, which assessed the repair cost at Rs.5,65,440/- and the same was submitted to the insurer.

According to the complainant, the Insurance Company stated that the claimed amount was excessive and forwarded the estimate to its Regional Office at Patna. Thereafter, another Surveyor, namely R.K. Bhagat, was appointed by the Regional Office, who instructed the showroom to carry out the repairs. Consequently, the vehicle was taken to the showroom and after completion of the repairs on 11.11.2018, a final bill of Rs.6,57,634/- was raised. The Complainant submitted the repair bills to the Surveyor and the Insurance Company which assured that the claim would be released shortly. However, despite submission of all documents, the claim amount was not paid and the vehicle remained lying at the showroom, causing financial loss to the Complainant. It was further alleged that the Complainant had purchased the vehicle through bank finance and was liable to pay a monthly instalment of Rs.62,000/-, and due to non-settlement of the claim, he was suffering a loss of about Rs.5,000/- per day. The Complainant also sent a Legal Notice dated 16.12.2019 to the Insurance Company through Registered Post, but no payment was made. It was further contended that due to the conduct of the Insurance Company the Complainant suffered financial loss amounting to Rs.11,13,634/- and also claimed Rs.5,00,000/- towards mental and physical harassment, totalling Rs.16,13,634/-, with continuing daily loss and increasing EMI burden. Accordingly, he filed his complaint before the District Forum, Banka seeking directions to the insurance company to pay the claimed amount along with appropriate relief.

3. The Learned District Forum vide Order dated 25.06.2020, allowed the complaint and the Opposite Party was directed to pay the Complainant a sum of Rs.6,57,634/- towards the repair cost of the vehicle along with interest @ of 9% p