“ In view of the above discussion, it can be safely concluded that the act of OP/Insurer in not paying the genuine claim of the complainant is not only wrong and arbitrary but also certainly amounts to deficiency in service as well as unfair trade practice by OPs. The complaint of the complainant is partly allowed. OP is directed to pay the amount of sum assured i.e. Rs.5,80,000/- to the complainant along with interest @ 6% per annum from the date of filing of this complaint i.e.

20.03.2020 till the date of its actual realization.

The above said order shall be complied with by the OP within a period of

45 days from the date of receipt of certified copy of this order.”

2. Before the Ld. District Commission, it was case of the complainant/respondent (herein) that he purchased one Toyota Etios Car in the year 2015 and the same was registered as Taxi vide Registration No.CH02AA-1838. Annexure C-1 is Copy of the Registration Certificate. The said car was insured with the OP insurance company for the period 18.07.2017 to 17.07.2018(Annexure C-2). It was averred in the complaint that Sh.Bikrampal Singh was employed as driver, who was holding a valid driving licence (Annexure C-3). It was further averred that on 18.05.2018 at about 7.00 PM, the car in question met with an accident at Sundernagar when it was going from Chandigarh to Manali and one Himachal Roadways Bus No.HP66A-2580 hit the car in question and it was badly damaged and declared total loss by the repairer. On the next day i.e. 19.05.2018 due information was given to the nearest registered office of OP insurance company at Hamirpur(HP), spot survey was conducted by Sh.Deepak Sood, Surveyor and under the instructions of insurance company vide e-mail dated 16.08.2018 (Annexure C-4), the Spot Surveyor submitted his report (Annexure C-5). The Insurance company then appointed Sh.Vinod Sharma as Final Surveyor, who demanded some documents from the complainant vide e-mail dated 26.05.2018 (Annexure C-6) and the same were supplied on the same day vide e-mail dated 26.05.2018 (Annexure C-7) and thereafter the Final Surveyor submitted the final survey report to the insurance company. It was further averred that the complainant sent e-mail dated 15.10.2019 (Annexure C-8) and letter dated 15.10.2019 (Annexure C-9) to the OP by courier to settle the claim but no reply was received. Letter dated 01.11.2019 (Annexure C-10) was also written by the complainant to the OP to settle his claim but no effect. Hence, alleging deficiency in service and unfair trade practice on the part of the Opposite Party, a consumer complaint was filed before the Ld. District Commission with a prayer to direct the OP insurance company to pay the amount of sum assured i.e. Rs.5,80,000/- along with interest, compensation for mental agony &

harassment and cost of litigation.

3. Pursuant to issuance of notice, Opposite Party appeared before the Learned District Commission and filed its written version, inter alia, admitting the factual matrix of the case and stated that after receiving intimation with regard to the accident of the vehicle in question, OP deputed a Surveyor namely Sh.Vinod Kumar Sharma to assess the loss and subsequently deputed the Investigator Sh.Dhan Prakash Sherwal to verify the particulars with regard to driving licence of the driver namely Bikrampal Singh. The Surveyor assessed the loss to the tune of Rs.2,80,000/- on net of salvage basis and submitted his survey report. It was stated that after receiving the survey report, OP also received the investigation report of the Investigator and as per investigation report, concerned Licensing Authority, Ferozpur Jhikra, Haryana, has stated that the driving licence of the driver on wheels at the time of accident i.e. Bikrampal Singh was not issued from the said Licensing Authority. It was stated that since the driver of the vehicle at the relevant time of accident was not holding a valid and effective driving license, which is breach of terms and condit