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2023 Supreme(Online)(SCDRC) 3258

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
The Branch Manager Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Vishal Jalan – Respondent


Petitioner Advocates:M/s. A.A. Khan & Assoc. ,Respondent Advocate: M/s P.K. Rath & Assoc.

Order

Heard learned counsel for both sides.

2. Here is an appeal filedu/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3. It is revealed from the pleadings of both the parties that the complainant being the registered owner of truck bearing Registration No. OR-15K-0310 has purchased policy for the vehicle covering the period from 30.10.2007 to 29.10.2008. The complainant alleged that on 19.11.2007 at 3 PM the vehicle met accident and the matter was reported to the insurer. The claim of the complainant was registered but they have not settled the matter for which the complaint was filed.

4. On the other hand, OPs filed written version stating that complaint is not maintainable. One of the two cheques dated 30.11.2007 was bounced and due to non- payment of the premium in toto policy was not issued and the claim was repudiated. It is also alleged in the written version that the complainant did not deposit the balance premium amount. Therefore, they have no deficiency in service on their part.

5. After hearing both the parties, the l

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