STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 11.10.2022 Reserved on : 01.10.2024 Date of Decision : 07.11.2024

1. M/s Bajaj Allianz General Insurance Company Limited, Registered and Head Office: GE Plaza, Airport Road, Yerwawada, Pune-411006 through its Managing Director

2. Bajaj Allianz General Insurance Company Limited, Feroz Gandhi Market, SCO No. 146-147, 6^th Floor, Ludhiana through B.M.

Bajaj Allianz General Insurance Company Limited, SCO No. 156-159, Second Floor, Sector 9-C, Chandigarh through its Senior Legal Executive Saurav Khullar.

….Appellants/Opposite Parties No.1&2 Versus

1. M/s G.K. Resorts Ferozepur Road, Ludhiana through its Proprietor Gulshan Kumar .…Contesting Respondent/Complainant

2. G.S. Johal, Surveyor, Bajaj Allianz General Insurance Company Limited, SCO 147, Feroze Gandhi Market, Ludhiana, through its Branch Manager.

…Performa Respondent/OP No.3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 14.07.2022 passed by the District Consumer Disputes Redressal Commission, Shaheed Bhagat Singh Nagar, Camp Court, Ludhiana 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 appellants : Sh. P.H.S. Pannu, Advocate For respondent No.1 : Sh. Ishmeet Singh, Advocate for Sh. S.K. Singla, Advocate VISHAV KANT GARG, MEMBER :

Appellants/Opposite Parties No.1&2 i.e. M/s Bajaj Allianz General Insurance Company Limited, have filed the present Appeal through their Senior Legal Executive to challenge the impugned order dated 14.07.2022 passed by the District Consumer Disputes Redressal Commission, Shaheed Bhagat Singh Nagar, Camp Court, Ludhiana (in short, “the District Commission”), whereby the Complaint filed by the Respondent/Complainant has been partly allowed

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

3. Briefly, the facts of the case as made out by the Respondent/Complainant in the Complaint filed before the District Commission are that the Complainant-Gulshan Kumar, the Proprietor of M/s G.K. Resorts was the owner of Mercedes Benz S-Class Car having registration No. PB10-CL-0070. Said car was having Chassis No.000229 and Engine No. 0611926. It was alleged that OP No.3 had approached the Complainant and asked him to purchase the Insurance Policy of OPs No.1&2 for the year 2015-16 being a best policy available in the market. On assurance of OP No.3, the Complainant had purchased the Private Car Package Policy No. OG-16-1203-1801-00000767, which was valid for the period w.e.f. 02.07.2015 to 01.07.2016. He had paid Rs.70,373/- as premium.

4. It was averred that on 22.07.2015, there was heavy rain in Ludhiana. The Complainant was going to his office in his Car and had crossed the Rishi Nagar, District Ludhiana suddenly his car was stopped. Inspite of making efforts, the same was not started. In this regard, the Complainant had informed the OPs No.1&2 and they appointed OP No.3 as Surveyor, who after inspecting the vehicle had asked the Complainant to take the vehicle to Benz Motors, Ludhiana by towing the same. Due to numerous negotiations going on between the Benz Motors, Ludhiana and OPs No.1&2, the Car remained with Benz Motors for a period of three months. Thereafter, OP No.3 had informed the Complainant that Benz Motor had raised the excessive Bill/Estimate of repair and advised him to get his car repaired from Ravinder Auto Engineer/Gurmukh Denting Works. Due to this reason, the Complainant had shifted his car to Gurmukh Denting Works/Ravinder Auto Engineering, where the car was repaired. Said Firm had raised a bill of Rs.5,30,000/- for the repair of the Car. The Complainant had lodged the cla