STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 08.05.2018 Date of Final Hearing: 18.03.2025 Date of Pronouncement: 24.03.2025 SC/5/A/61/2018 The New India Assurance Company Limited (Both O.P. Nos. 1 & 2)

through its Manager, Regional Office

2^nd Floor, 430, Niranjanpur, Saharanpur Road Dehradun (Through: Sh. Suresh Gautam, Advocate)

…… Appellant Versus Sh. Sameer Chandra Roy S/o Sh. Haran Chandra Roy R/o 38, Nand Vihar, Near St. Mary School, Gangapur Road Rudrapur, District Udhamsingh Nagar (Uttarakhand)

(Through: Sh. Arvind Singh Rawat, Advocate)

…… Respondent Coram:

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

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against the impugned judgment and order dated 03.04.2018 passed by learned District Consumer Disputes Redressal Forum, Udhamsingh Nagar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 74 of 2013, styled as Sh. Sameer Chandra Roy Vs. Branch Manager, The New India Assurance Company Limited and another, wherein and whereby the consumer complaint was allowed, directing the appellant / opposite parties (insurance company) to pay balance claim amount of Rs. 1,50,490/- to the respondent / complainant along with interest @7% p.a. from the date of filing of the consumer complaint, i.e., 25.10.2013 till actual realization, besides to pay Rs. 5,000/- towards mental & physical agony and Rs. 3,000/- towards litigation expenses.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant had filed the aforesaid consumer complaint before the District Commission against the appellant / opposite parties, claiming compensation of Rs. 1,50,490/- towards balance of the amount for damage of his vehicle. It was alleged in the consumer complaint that the complainant is the registered owner of Maruti Swift VDI bearing registration No. UK-06Z-0792, which was insured with the appellant for the period from 21.01.2013 to 20.01.2014. An accident took place on dated 07.04.2013 on the National Highway-24 at Police Station Jiwai, intimation whereof was duly given to the insurance company. As per the instructions of the insurance company, the complainant took the insured vehicle for repairs to Akansha Automobiles (Rudrapur) Pvt. Ltd., Kichha by towing the same with the help of another vehicle. The complainant submitted claim with the insurance company, but the insurance company avoided to pay the claim amount, stating that the claim would soon be settled. The complainant received intimation through e-mail dated 20.06.2013 that the insurance company has repudiated his claim, stating that after the accident, the insured vehicle was driven, on account of which, the engine had seized, whereas the complainant had brought the insured vehicle to the aforesaid workshop by towing the same with the help of another vehicle, on account of unconsciousness of the driver of the vehicle. The complainant has also dispatched a legal notice dated 06.07.2013 to the insurance company and after that, the insurance company wrongly accepted the claim to the tune of Rs. 42,017/- in place of Rs. 1,92,507/-. Thus, the insurance company has not paid the balance claim amount of Rs. 1,50,490/-. Therefore, there has been deficiency in service on the part of the insurance company and consumer complaint was filed.

3. The appellant / opposite parties submitted joint written statement before the District Commission, alleging that correct facts have not been narrated in the consumer complaint. It was also stated that the complainant had got his Maruti Swift VDI bearing registration No. UK-06Z-0792 insured from the insurance company through Maruti Tie-Up vide policy No. 31260031120100557499, which was valid from 21.01.2013 to 20.01.2014. It was further stated that the complainant had intimated regarding loss to his vehicle vide intimation dated 07.04.2