STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 11.10.2021 Reserved On : 11.04.2023 Date of decision : 03.05.2023

1. ICICI Lombard General Insurance through its Principal Officer, ICICI Lombard House, 414, P. Balu Marg, Off Veer Sawarkar Marg, near Siddhivinayak Temple, Prabhadevi, Mumbai-400025.

2. The Principal Officer, ICICI Lombard General Insurance, 2^nd Floor, P No.-E.H.198, Nirmal Complex, G.T. Road, Jalandhar- 144001, Nr Bhagat Namdev Chowk, near Gujarat Palace, Jalandhar.

….Appellants/OP No.1 & 2 Versus

1. Rahul Babbar s/o Rakesh Babbar, resident of House No.22, New Jawala Nagar, Maqsudan Grain Market, Jalandhar City, Punjab.

….Respondent/Complainant

2. Jaswant Motors, through its Principal Officer/Manager, 39-40, G.T. Road, Jalandhar.

3. Capital First Private Limited, through its Principal Officer/Branch Manager, SCO 18, Ist Floor, PUDA Complex, near Tehsil Office, Ladowali Road, Jalandhar, Punjab-144001.

….Respondents/OP No.3 & 4 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 27.04.2021 passed by the District Consumer Disputes Redressal Commission, Jalandhar.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, 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. Sandeep Suri, Advocate For respondent No.1 : None For respondent No.2 : None For respondent No.3 : Sh. Bhawandeep Jaidal, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT Appellants/OPs No.1 & 2 i.e. ICICI Lombard General Insurance and another through their Principal Officer have approached this Commission by way of filing the present appeal under Section 41 of the Consumer Protection Act, 2019 to challenge the order dated 27.04.2021 passed by the District Consumer Disputes Redressal Commission, Jalandhar (in short, “the District Commission”), whereby the complaint filed by respondent No.1/complainant namely Rahul Babbar was allowed and directions were issued to the appellants/OPs No.1 & 2 to pay an amount of 46,526/- as Insured Declared Value ₹

(IDV) of the motorcycle as per policy schedule (Ex.O-1) placed on record. The complainant was also held entitled for 7,000/- as ₹

compensation for suffering the mental harassment as well as litigation expenses. Said order was to be complied within a period of one month from the date of receipt of the copy of the order.

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

3. Briefly, the facts of the case which are necessary for disposal of the present appeal are that the complainant purchased one Splendor Motorcycle having Engine No.HA 10 ERGHE 34034, Chassis No.MBLHA 10CFFHE32663 with Temporary Registration No.PB-08- DK-1803 from OP No.3-Jaswant Motors, Jalandhar City on 11.06.2016. Said vehicle was insured with the appellants/OPs No.1 & 2 at the instance of OP No.3 for the period covering risk from 11.06.2016 up to 10.06.2017. The IDV of the vehicle was 46,526/-

₹

and an amount of 1,577/- was paid as premium. Further it was ₹

mentioned in the complaint that on 12.12.2016 at about 9.30 a.m., the complainant parked his motorcycle in front of a book shop opposite DAV College, Jalandhar while going for purchase of books for his brother but while coming back, he did not find the vehicle there. Complainant made every effort to trace out the vehicle and enquired from some persons present there but no clue was there. Thereafter, the police was informed at No.100. Immediately, the matter was reported to the police, who assured that the wireless message had been flashed. The complainant made efforts but the vehicle was not traced out. The police registered FIR No.0121 dated 21.01.2017 under Section 379 IPC at Police Station Division No.1, Jalandhar. Further it was mentioned that the