STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/275/2023 null NEW INDIA ASSURANCE CO. LTD.

PRESENT ADDRESS - BRANCH OFFICE, AT OLD RAILWAY ROAD, ,HARYANA.

.......Appellant(s)

Versus SARFUDDIN AND ANOTHER PRESENT ADDRESS - VILLAGE MOHAMMADBAS, TEHSIL NAGINA ,HARYANA.

ORIX LEASING AND FINANCIAL SERVICES INDIA LTD.

PRESENT ADDRESS - JAIPUR ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

SHRI VINOD CHAUDHRI, ADVOCATE, COUNSEL FOR THE APPELLANT.

FOR THE RESPONDENT:

SHRI MOHD. SHAHID HUSSAIN, COUNSEL FOR THE RESPONDENT NO.1. NONE FOR RESPONDENT NO.2 DATED: 21/02/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.275 of 2023 Date of Institution:21.03.2023 Reserved for Orders:-21.02.2025 Date of Pronouncement:17.03.2025 New India Assurance Co. Ltd., Branch Office at Old Railway Road, Gurugram, District Gurugram, now through its Manager, New India Assurance Co. Ltd., Regional Office, SCO 36-37, Sector 17-A, Chandigarh.

…..Appellant Versus

1. Sarfuddin S/o Shri Sardar Khan, R/o Village Mohammadbas, Tehsil Nagina, District Nuh, UID No.889244908897.

2. Orix Leasing and Financial Services India Limited, Jaipur 302003, through its Branch Manager. ..…Respondents CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- Shri Vinod Chaudhri, Advocate, counsel for the appellant.

Shri Mohd. Shahid Hussain, counsel for the respondent No.1.

None for respondent No.2.

O R D E R

T.P.S. MANN J.

Delay of 127 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Appellant-Complainant, has filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 30.09.2022 passed by learned District Consumer Disputes Redressal Commission, Nuh whereby complaint filed by complainantwas allowed with directions:-

“To do complete and substantial justice between the parties, the opposite party is directed to pay Rs.14,00,000/- (Insured Declared Value of the vehicle) to the complainant subject to submission of subrogation letter, no dues certificate from the financer/loan account statement of insured vehicle, if any, alongwith form 26,28,29 and 30 (A) to the insurance company within 30 days. Besides, the opposite party is directed to pay Rs.10,000/- as compensation towards pain, mental agony and litigation expenses. The opposite party shall pay the said amount within 45 days from today, failing which insurer shall be liable to pay interest on the said amount @ 9% per annum from the date of filing of the complaint till its actual realization. The complaint is disposed of accordingly.”

3. The brief facts of the case are that the complainant was registered owner of vehicle bearing registration NO.RJ14GH/7566 Model-2017 chasis No.MC2G3HRCOHA124759 Engine No.E413CDHA124054 and it was insured with the OP No.1 w.e.f. 21.02.2018 to 20.02.2019 vide policy No.33060931170100001872. The said vehicle was financed with OP No.2. Unfortunately on 15/16.07.2018, the vehicle of the complainant was stolen when the driver of the complainant parked the truck near Water supply chamber. The driver of the complainant moved an application to P.S. Pinangwan in this regard on the same day and accordingly FIR No.144 was lodged on 22.07.2018 under section 379 IPC. The complainant also informed the insurance company about this theft on the same day and lodged his claim. Surveyor was appointed, who investigated the matter. The complainant completed all the formalities of the documents required by the OPs. He requested the OPs to pay the claim amount, but OP lingered on matter on one pretext or the other. The local police tried their best to find out the culprits and theft vehicle, but all in vain. The police filed the report of 173 Cr.P.C. Faced with this situation, he got issued a legal notice to the OP No.1, but, to of