STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 26.10.2022 Reserved on : 04.11.2024 Date of Decision : 03.12.2024 Oriental Insurance Company Limited, Shri Krishna Plaza, 100 Feet Road, Shobhagpura, Udaipur (Rajasthan), through its Divisional Manager.

……..Appellant/Opposite Party Versus Shri Balaji Cement Industries, Jai Singh Wala Road, Bagha Purana, District Moga, through its Authorized Signatory.

…..Respondent/Complainant Appeal under Section 41 of Consumer Protection Act, 2019 to challenge the order dated 02.08.2022 passed in CC No.84 of 2021 by the District Consumer Disputes Redressal Commission, Moga.

Quorum:-

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

For the Appellant : Sh. Simranjit Singh, Advocate For the Respondent : None

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 JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellant/OP i.e. Oriental Insurance Company Limited, through its Divisional Manager has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) being aggrieved by the impugned order dated 02.08.2022 passed in CC No.84 of 2021 by the District Consumer Disputes Redressal Commission, Moga (in short the “District Commission”)

whereby the CC had been partly allowed.

2. 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 vehicle Tata Motors make 1412 LPT manufacturing date 9.20 bearing RC No.PB-04-AD- 0918. Said vehicle was insured with the Appellant/OP vide cashless policy which was valid for the period w.e.f. 05.10.2022 till 04.10.2021. Its IDV value was Rs.16,62,500/-. The Complainant had paid premium of Rs.19,575/- to the OP. The driver of the Complainant namely Sandeep Kumar was driving the vehicle on 11.02.2021 at 5 a.m. morning and while on the way from Mandi Gobindgarh to Doraha and on reaching Dugri bridge, a high speed truck was coming from the Dugri side and it was struck with the vehicle of the Complainant due to fog and both the vehicles were badly damaged. FIR No.24 dated 11.02.2021 was registered under Sections 279/337/338/427 IPC with Police Station Doraha. The Complainant had informed regarding the accident to the OP. Thereafter, the spot Surveyor was appointed by the OP who conducted preliminary Survey and thereafter it was sent for repair on the advice of the Surveyor. Said vehicle was parked in Krishna Motors Moga, which was authorized Service Centre of the Company, who assessed the loss of Rs.5,86,207/- and issued invoice after repairing the vehicle. Thereafter, the claim was lodged with the OP and the Complainant had also completed all the formalities and required documents were supplied. Inspite of making requests to the OP still he lingered the matter on one ground or the other and refused to pay the repair charges. The vehicle is still parked with Krishna Motors since the date of accident. Further the OP had also refused to admit the right claim of the Complainant stating that on the date of accident of the Vehicle driving licence of the driver had expired as it was valid upto 26.12.2020 whereas the accident had occurred on 11.02.2021. Further it was mentioned in the Complaint that it was a case of ‘deficiency in service’ and ‘unfair trade practice’ on the part of the OP and due to action/inaction on the part of the OP, the Complainant had suffered mental tension and harassment. The Complaint was filed with the following prayer :-

a. The Opposite Party may be directed to make the claim amount of repair charges amounting to Rs.5,86,207/-

b. The amount of Rs.3,60,000/- account of daily business loss due to non availability of the vehicle.

c. The amount of Rs.36,000/- till today @ Rs.200/