STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Institution : 09.09.2014 Date of Final Hearing : 07.05.2025 Date of Pronouncement : 21.05.2025 SC/5/A/14/181 Shriram General Insurance Company Ltd.

Corporate Office at E-8 EPIP, RIICO Industrial Area, Sitapura, Jaipur Branch Office at 25-36, Block F, IInd Floor, Meedo Plaza, 26/26A Rajpur Road, Dehradun Through its Branch Manager Sh. Tilak B. Basnet (Through: Sh. Deepak Ahluwalia, Advocate)

…..Appellant VERSUS M/s Kisan Construction Company Kotwal Alampur, P.O. Jhabrera, Tehseel Roorkee, District Haridwar Through its sole prop. Mohd. Ahsaan R/o Kotwal Alampur, P.O. Jhabrera, Tehseel Roorkee, District Haridwar (Through: Sh. Saurabh Rana, Advocate)

…..Respondent Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 01.08.2014 passed by the learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 262 of 2012 styled as M/s Kisan Construction Co. Vs.

Shriram General Insurance Co. Ltd. & Anr., wherein and whereby the complaint was allowed by the District Commission directing the Insurance Company to pay Rs. 9,30,000/- to the complainant within one month from the date of judgment and order.

2. The facts giving rise to the present appeal, in brief, are as such that the complainant is the registered owner of the JCB bearing engine No. 0927934, chassis No. 1380098 and registration No. HR74-2218 which was insured with the opposite parties – Insurance Company. The said JCB suddenly fell into a ditch at the construction site on 06.08.2011 and an information about this incident has given to the Insurer through toll-free No. 180030030000 and a complaint No. 59227 was registered in the toll- free number of the Insurance Company. Inspite of giving the information immediately about the occurrence and even after the information from the Insurer to depute a surveyor to make spot survey, neither anyone arrived on dated 06.08.2011, nor on the next date. Therefore, the complainant awaited for the surveyor. Subsequently after waiting long time for the arrival of the surveyor for making spot survey, the complainant summoned the other crane and with the help of other machines, the said JCB was pulled out from the ditch. Thereafter, on 07.08.2011 the sole proprietor of the complainant towed the said JCB to the A & A Earthmovers Pvt. Ltd. Near Shani Dev Mandir, Dehli Road at Bahadrabaad DHEL, Haridwar (Uttarakhand). On several requests of the complainant, the surveyor of the Insurer Sh. Arvind Yadav reached on 08.08.2011 and after talking to the officials of the Insurer and after completing the formalities, he directed the complainant to get the insured vehicle repaired. The A & A Earthmovers Pvt. Ltd. informed the complainant that the repair of the said JCB has been done and requested to take the possession of the said JCB after repair. Thereafter, the complainant requested to the Insurer to make payment for the repair work of the insured JCB to A & A Earthmovers Pvt. Ltd., so that the complainant might take the possession of his said JCB. Even after several requests, neither the Insurer nor authorised signatory of the office of the Insurer has paid the expenses incurred in the repairing work of the subject JCB. Since the complainant was suffering heavy losses due to delay in settling the claim by the Insurance Company, the complainant himself paid Rs. 8,20,070/-for repair of the said JCB machine. On making contact with the Insurer for payment of repair amount, they did not provide any satisfactory reply to the complainant. The complainant also sent a notice dated 14.09.2011 to the opposite party Nos. 1 & 2 and also personally met with the officials of opposite party Nos. 1 & 2 with the request to pay Rs. 7,78,802/- to the concerned garage, but