FIRST ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 08.07.2022 Date of Reserve : 14.07.2023 Date of Decision : 01.08.2023 United India Insurance Company Limited, through its Manager, branch office at Naya Nangal, Tehsil Nangal, District Rupnagar now through Mrs. Shama Aroa, Assistant Manager (Legal), Regional Office at 136, Feroze Gandhi Market, Ferozepur Road, Ludhiana.

….Appellant/Opposite party Versus Amrinder Singh Loomba S/o Sh.Raghubir Singh, R/o House No.18, Contractor Colony, Nangal, Tehsil Nangal, District Rupnagar, Punjab.

…..Respondent/complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 31.03.2022 of the District Consumer Disputes Redressal Commission, Ropar.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Present:-

For the appellant : Sh.V.M.Gupta, Advocate For the respondent : Sh.J.P.Nahar, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party– United India Insurance Company Limited; against the order dated 31.03.2022 passed by District Consumer Disputes Redressal Commission, Ropar (in short, “the District Commission”), whereby the complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (in short ‘the Act’) was allowed and opposite party was directed to pay Rs.1,60,000/- as assessed by the surveyor along with interest @7% per annum from the date of repudiation i.e. 23.12.2019 till actual realization. The opposite party was further directed to pay Rs.15,000/- as compensation and Rs.10,000/- as litigation expenses.

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

2. In brief, the facts of the complaint are that the complainant being the owner of Tanker No.PB-12H-2788 was insured, vide Insurance Policy No.11090033114P1091093570 from period 10.02.2005 to 09.02.2016 for the sum of Rs.2,60,000/-. Unfortunately, on 28.10.2016, the said tanker met with an accident on 28.10.2016 in the area of village Barhedi, Near Jind City, Haryana. The matter was reported to the Police Station Sadar, Jind, Haryana and got registered GD No.037 dated 30.01.2016. The said information was also given to the office of the opposite party and also informed the incident of accident. On the information supplied by the complainant, a surveyor was appointed by the opposite party to assess the loss. The surveyor, Sh.Surinder Kumar Juneja, conducted the survey on 30.01.2016 to survey the accidental tanker who also issued receipt to the complainant regarding the spot survey. After spot survey, the tanker was shifted to Nangal by towing and also approached the opposite party number of times for final survey and also supplied the documents to them. A legal notice dated 12.01.2018 was also sent to the opposite party for the purpose of conducting final survey and also to pay the claim of the tanker, in question but no reply was given by the opposite party nor any payment was made, amounting to deficiency in service and unfair trade practice, resulting to the filing of the complaint before the District Commission seeking the following reliefs:

i) to pay Rs.1,60,000/- along with interest as claim of the tanker to the complainant;

ii) to pay Rs.1,00,000/- as compensation for deficiency in service and unfair trade practice; and iii) to pay Rs.50,000/- as litigation expenses.

3. Upon notice, opposite party filed its reply challenging the grounds of the complaint and alleged that it was duty of the insured to inform the company immediately in writing about the accident and loss suffered and for his failure to inform the Insurance Company, the Insurance Company will not provide any advantage to indemnify the loss of the insured. It is further alleged that at the time of accident of vehicle, in question, the driver was not having any effective valid license to drive t