STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 21.12.2022 Reserved On : 21.05.2025 Date of decision : 09.06.2025 Gurdev Singh S/o Amar Singh, R/o VPO Dashmesh Nagar (Lolla)

Tehsil Baba Bakala, District Amritsar, Mobile No.98145-09720.

….Appellant/Complainant Versus Reliance General Insurance Co. Limited, Eminent Mall, 3^rd Floor, 10 Mall Road, Amritsar, through its Manager.

….Respondent/Opposite Party First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 15.11.2022 passed by the District Consumer Disputes Redressal Commission, Tarn Taran Camp Court, Amritsar. Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the Appellant : Sh. Ajay Singh, Advocate for Ms. Navnoor Kaur, Advocate For the Respondent : Sh. Satpal Dhamija, Advocate JUSTICE DAYA CHAUDHARY, PRESIDENT Appellant/Complainant namely Gurdev Singh has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 15.11.2022 passed by the District Consumer Disputes Redressal Commission, Tarn Taran Camp Court, Amritsar (in short, “the District Commission”), whereby the Complaint filed by Appellant/Complainant had been dismissed.

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

3. Briefly, the facts of the case as made out by the Complainant in the Complaint filed before the District Commission, are that the Complainant was the owner of the Vehicle No.PB-02-BU- 9887, Model Bolero. The Appellant/Complainant had obtained Insurance Policy for the period w.e.f. 29.05.2015 to 28.05.2016. Said vehicle was driven by driver namely Gurbir Singh who was stated to be having valid learner driving licence issued by the Competent Authority i.e. D.T.O. Amritsar for the period w.e.f. 28.08.2015 to 27.02.2016. Said vehicle met with an accident on 11.11.2015 as the buffalo came in front of the Vehicle. One driver namely Balkar Singh was also sitting besides the driver Gurbir Singh who was also having valid driving licence to drive the vehicle. Intimation of the accident was brought to the notice of the Insurance Company and all necessary documents were supplied. The Complainant lodged the claim with the OP Insurance Company but the same was rejected on the ground that driver was not having valid driving licence at the time of accident. The Complaint was filed before the District Commission with the following prayer :-

(a) The opposite party be directed to pay the claim amount of Rs.3,37,732.66/- alongwith interest @18% p.a. thereon.

(b) A compensation of Rs.50,000/- on account of mental pain, agony and harassment suffered by the complainant may also be granted in his favour and against the opposite party.

(c) Costs of proceedings of Rs5,500/- may also be granted in his favour.

4. Upon issuance of notice in the Complaint, the OP had appeared and filed written reply, whereby certain preliminary objections were raised. The other averments as made in the Complaint were denied and dismissal of the Complaint was prayed.

5. By considering the contents of the Complaint and reply thereto filed by the OP and after hearing the oral arguments raised from both the sides, the Complaint filed by the Complainant was dismissed vide order dated 15.11.2022. The relevant part of the order as mentioned in para No.9 is re-produced as under :-

“9. In view of the above discussion, we do not find any merit in the present complaint and the same is hereby dismissed with no order as to costs. Copy of the order will be supplied by District Consumer Disputes Redressal Commission, Amritsar to the parties as per rules. File be sent back to the District Consumer Disputes Red