STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 06.09.2016 Date of Final Hearing : 18.03.2025 Date of Pronouncement : 24.03.2025 SC/5/A/16/180 New India Assurance Co. Ltd.

Regional Office, 430 Second Floor Niranjanpur, Saharanpur Road, Dehradun (Through: Smt. Anjali Gusain, Advocate)

…..Appellant VERSUS Sh. Manoj Joshi S/o Late Sh. Maya Ram Joshi R/o Shrikot Ganga Nali, Srinagar District Pauri Garhwal (Through: Sh. Rohit Srivastava, Advocate)

…..Respondent Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

The present appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 23.07.2016 passed by the District Consumer Disputes Redressal Forum, Pauri Garhwal, (hereinafter to be referred as the District Commission) in consumer complaint No. 26 of 2013 styled as Sh. Manoj Joshi Vs. The New India Assurance Company Ltd., wherein and whereby the complaint was allowed directing the opposite party to pay Rs. 2,48,174/- within a period of two months alongwith simple interest @ 6% per annum from the date of filing of complaint case till its actual payment.

2. The facts giving rise to the appeal in hand, in brief, are as such that the complainant is a registered owner of vehicle No. UK12-CA-0092 (Truck) which was insured with the opposite party vide policy No. 34080231110100203848 for the period from 02.12.2011 to 01.12.2012. The insured vehicle met with an accident on dated 19.02.2012 near Srikot, resulting in substantial damages. At the time of accident, the driver Sh. Virendra Singh of the insured vehicle was possessing a valid and effective driving license. The information of the occurrence was immediately given to the Insurance Company, thereupon the surveyor was deputed by the Insurance Company, who visited the accidental site and did spot survey of the insured vehicle. As per the instructions of Surveyor, the vehicle was taken to M/s Dhruvas Automobiles, Srikot (Ganganali), Srinagar Garhwal and an estimate of the expected cost of repair of the vehicle was prepared. The Surveyor visited the workshop wherein photographs of the vehicle were taken by him and inturn the estimate of the vehicle was also handed over to the Surveyor. The Surveyor advised that the vehicle be repaired and that the expenses so incurred in the repair of the vehicle shall be paid to the complainant. Accordingly, the vehicle was got repaired by the complainant from M/s Dhruvas Automobile, Srikot (Ganganali), Srinagar Garhwal. A total expenditure of Rs. 2,48,174/- was incurred by the complainant in repair of his vehicle. The Surveyor again visited on dated 18.03.2012 and took photographs of the repaired vehicle and original bills of repair of the vehicle assuring that the claim shall be finalized very soon. The complainant thereafter regularly asked for the settlement of the claim but only false assurances were given. A letter dated 22.05.2012 was sent to the opposite party for an early settlement of claim, but it was not replied by the opposite party. Again a letter dated 15.06.2012 was sent to the opposite party but it also went unattended. Later on a phone call was made by the opposite party for settlement of claim of the complainant for Rs. 50,000/- which was not accepted by the complainant. The complainant further stated that inspite the vehicle being surveyed and the submission of the estimate, repair bills and photographs, the insurance claim was not awarded despite repeated reminders and requests. The complainant has again sent a letter dated 01.08.2012 to the opposite party for reevaluation of the claim, but inspite of elapse of a period of nearly one and a half years, the claim still remains unattended. Feeling aggrieved, a notice dated 14.02.2013 was sent by the complainant through his advocate, but to no avail of the complainant. There was a deficiency in service on the part of the opposite party, hence a consumer compl