IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 10.08.2023 Date of Hearing: 13.12.2024 Date of Decision: 07.01.2025 FIRST APPEAL NO.- 399/2023 IN THE MATTER OF M/s NATIONAL INSURANCE CO. LTD., HAVING ITS OFFICE AT, 2E/9, JHANDEWALAN EXTENSION, NEW DELHI, DELHI- 110055.

(Through: Mr. Shubham Sharma, Advocate)

…Appellant VERSUS MR. NARENDER KUMAR SINGH, SHOP NO. 58-59, MARUTI TRUCK PARKING ROAD, GURGAON- 122001.

(Through: Mr. Trivedi Prafulla, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: None for the appellant.

Mr. Trivedi Prafulla, counsel for the respondent, E-mail:

advtprafulla@gmail.com PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986 (in short CP Act) against Respondent/Opposite Party (in short OP) alleging deficiency of services.

2. Briefly stated the facts of the case are that the complainant is the registered owner of Ashok Leyland commercial vehicle bearing Regd. No. HR-55-R-8387 and obtained insurance in respect of the said vehicle from the OP, Policy No. 354301/31/15/610001583 for the period of one year from 23.02.2017 to 22.02.2018 for a sum of insured of Rs.5,80,000/- and paid the consideration amount of Rs.24,908/- to the OP in lieu of the same. The above policy was renewal of previous policy. The OP issued only a computerized 2 pages schedule policy which does not contain any terms and conditions.

3. That unfortunately on 21.10.2016, the aforesaid vehicle met with a serious accident and the intimation about the accident/loss to the vehicle was also lodged by the Complainant with the OPs local office DO Purnea who deputed Mr. Swaraj Kumar as Spot surveyors.

4. It is alleged that the deputed surveyor inspected the site of accident on the same day, took photographs of spot along with other documents of vehicle including driving licence of Mr. Dhan Mohan Mishra who was on wheel at the time of accident. The deputed surveyor submitted its report dated

21.10.2016 to OP confirming the details of vehicle, accident as well as of driving licence.

5. It is alleged that since the vehicle was to be brought to Gurgaon for its repair, the same was sent to workshop and an estimate of Rs.8,01,800/- were submitted to the OP and OPs are requested to register the claim and depute some surveyor for final assessment of loss sustained by the complainant insured vehicles.

6. It is alleged that the OPs deputed one surveyor namely Mr. Vinod Kumar Wadhwa, who inspected the accidental vehicle, got it photographed, took all necessary documents including the driving licence of Dhan Mohan Mishra and alleged to have submitted his report assessing the loss on repair basis without discussing the same with the complainant. The complainant was not intimated of the assessment nor a report of the said deputed surveyor was ever given to the complainant as per provisions of law.

7. It is further alleged that the complainant’s claim was not settled by OP till 24.03.2017 inspite of various reminders verbal as well as written to the OPs Branch office as well as to their Divisional Office asking for the assessment and or its details but no intimation about the assessment of loss or information about the surveyors report was ever provided to the complainant.

8. It is stated that the complainant had no option but to take the delivery of the fully repaired vehicles from the authorized dealers who were pressing the complainant to take delivery of the same. The complainant after great persuasion with the repairers with the repairs made a payment of Rs.8,01,800/- to the various persons who were involved in the repair of vehicle and took the delivery of the vehicle.

9. It is further stated that finding no response to the aforesaid letters, telephone calls and personal visits to the off