Date of Filing: 30.03.2022 IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present : Hon’ble Thiru. Justice R. SUBBIAH….. PRESIDENT F.A. No. 298 of 2022 (Against the Order dated 02.12.2021 passed in C.C. No. 388 of 2018 on the file of District Consumer Disputes Redressal Commission, Chennai (North)

Order pronounced on :14.03.2025 The New India Assurance Company Limited Claims Hub Chennai Rep. by its Chairman & Managing Director Macmillan House, 2^nd Floor No.21, Pattulos Road, B Wing Anna Salai, Chennai – 600 002 .. Appellant/1^st Opposite Party Versus

1. R. Premkumar Plot No.980, Dr. Lakshmanaswamy Road K.K. Nagar, Chennai – 600 078 .. 1^st Respondent/Complainant

2. Capital Honda Aadit Auto Company Private Limited Rep. by its Chairman and Managing Director No.18, G.S.T. Road Opp. To A.A.I. Cargo Terminal Meenambakkam, Chennai – 600 027 .. 2^nd Respondent/2^nd Opposite Party For Appellant : Mr. K. Vinod For Respondents : M/s. King and Patridge for R1 Mr. V. Kamala Kumar for R2 This Appeal came up for final hearing on 27.09.2024 and upon hearing the arguments of the counsel for the Appellant, learned counsel for the first respondent as well as the counsel for the second respondent and on perusing the material records, this Commission made the following

JUDGMENT

The appellant has come forward with this appeal questioning the correctness and/or validity of the order dated 02.12.2021 passed in C.C. No. 388 of 2018 on the file of the District Consumer Disputes Redressal Commission, Chennai (North). In and by the order dated 02.12.2021, the District Forum allowed the Consumer Complaint filed by the first respondent-complainant.

2. The first respondent-Complainant has filed the aforesaid C.C. No. 388 of 2018 for the following relief:-

“(i) Directing the fist respondent to pay the sum of Rs.2,42,418/- being the balance amount payable towards the insurance claim of the complainant (ii) Directing the first respondent to pay interest at the rate of 24% per annum on the sum of Rs.2,42,418/- being the balance amount payable towards the insurance claim of the complainant from the date of the claim till the date of actual payment (iii) Directing the first respondent to pay a sum of Rs.5,00,000/- as compensation for the harassment, inconvenience, frustration and the mental agony caused to him (iv) Directing the first respondent to pay a sum of Rs.10,000/- towards cost of the complaint (v) Declare condition 4 of the insurance policy as impractical, arbitrary, unilateral, illegal and amounting to unfair trade practice and order the discontinuance of the said condition from the insurance policy, forthwith

3. The appellant is the first Opposite Party. The first respondent herein is the complainant in the Consumer Complaint and the second respondent in this appeal was arrayed as second Opposite Party in the Consumer Complaint.

4. For the sake of convenience, the parties to this appeal shall be referred to as “the Complainant and Opposite Party” as arrayed in the Consumer Complaint.

5. The case of the Complainant is that he is the owner of Honda City Car bearing Registration No. TN 09 AX 4380 which was insured with the first Opposite Party and the insurance covers the period from 30.05.2011 till 26.05.2012 vide Policy No. 710405311101000000272. According to the complainant, he was periodically renewing the policy by paying the insurance premium. It is also stated that he is maintaining the car in a good condition by regularly servicing it with the authorized service agents of the second Opposite Party.

6. The grievance of the complaint is that on 21.08.2011, at about 9.00 pm, while driving his car from Kundrathur to Poror on the way to his home, it was raining due to which there was water logging on the road. Due to pot holes on the road the complainant finds it difficult to drive the vehicle, coupled with rain and darkness. At this stage, the complainant heard a strange noise emanating from the car. As there are vehicles coming from eith