ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 31.10.2022 Date of Reserve : 11.03.2025 Date of Decision : 27.03.2025

1. United India Insurance Company Limited, registered & head office 24 white House, Chennai-600014 having its regional office at Legal Department, 108, Surya Towers, 3^rd Floor, Mall Road, Ludhiana 141001.

2. United India Insurance Company Limited, Regional Office, 136, Ferozepur Road, Feroze Gandhi Market, Ludhiana through authorized signatory.

3. United India Insurance Company Limited, Branch Office, Ahmedgarh Mandi through authorized signatory.

….Appellants/Opposite Parties Versus Sub. Major Bhagwant Singh, son of Malkiat Singh, resident of Maksudra, Tehsil Payal, District Ludhiana.

….Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 19.05.2022 of the District Consumer Disputes Redressal Commission, Ludhiana.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.Neeraj Khanna, Advocate For the respondent : Sh.Sukhandeep Singh, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellants/opposite parties-United India Insurance Company Ltd. & Ors. against the order dated 19.05.2022 passed by District Consumer Disputes Redressal Commission, Ludhiana (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was allowed and opposite parties were directed to repair charges to the tune of Rs.59,772/- along with interest @8% per annum from the date of loss till realization. They were further directed to pay Rs.25,000/-

as compensation and Rs.11,000/- as litigation charges.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant purchased a second hand Maruti Swift Car Model 2011 bearing Regn. No.PB-10-DK-3344 from Swatantar Sood for a consideration of Rs.3,65,000/- and possession was taken from seller on 12.06.2017 along with the transfer documents and insurance coverage. The car already insured for the period 18.06.2016 to 17.06.2017 with the opposite parties and before expiry the complainant approached the opposite parties for issue the policy in his name for another one year but they refused to so without getting transfer of RC of the car in his name. The opposite parties advised the complainant to get the RC transferred in his name. However, previous policy was got renewed in the name of previous owner Swatantar Sood by paying the premium of Rs.7128/- on 16.06.2017. After that the complainant got recorded his name on the RC on 28.06.2017 and the RC was received on 30.06.2017. However, before getting the policy transferred in his name, the car, in question, met with the road accident near Village Lehra, District Ludhiana on 03.07.2017. A DDR bearing No.24 dt. 03.07.2017 was recorded in police station Dehlon, District Ludhiana. Thereafter, claim was lodged with the opposite parties and incurred the repair expenses of Rs.59,772/- and other party expenses of Rs.4,000/- but the opposite parties, vide its letter dated 30.11.2017 repudiated the claim of the complainant. It is submitted that there is no violation of terms and conditions of the policy, which otherwise not disclosed by the opposite parties in its letter dated 03.07.2017 and vague objections were taken just to deny the liabilities. Due to this act of the opposite parties, the complainant was compelled to approach the District Commission seeking following reliefs:

i) the repudiation letter 30.11.2017 be set aside and opposite parties be directed to pay the repair expenses of Rs.59,772/- and other petty expenses of Rs.4,000/-

with interest @12% per annum from the date of loss till realization;

ii) to pay Rs.2,00,000/- as com