STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of institution : 05.12.2022 Date of Reserve : 13.03.2025 Date of Decision : 26.03.2025

1. United India Insurance Company Ltd., HO. 24, Whites Road, Chennai-600014 through its Authorized Signatory.

2. United India Insurance Company Ltd., Branch Office, near Dr.Kalra, First Floor, Verka Chowk, Talwandi Sabo, District Bathinda through its Branch Manager/Incharge.

Both the Appellants are now represented through duly Authorized Signatory of the Legal Cell at 3^rd Floor, Surya Tower, 108, The Mall, Ludhiana-141001.

…….Appellants/Opposite Parties No.1&2 Versus

1. Beant Singh, S/o Pappu Singh, R/o Ward No.3, Village Rori Road, Talwandi Sabo District Bathinda.

……...Respondent No.1/Complainant

2. Cholamandalam Investment and Finance Company Ltd. Branch Office at Jindal Complex, near Hanuman Chowk, Opp. Madan Hospital, G.T.Road, Bathinda through its Branch Manager/IN-

charge/Authorized Representative.

……Respondent No.2/Opposite Party No.3.

First Appeal under Section 41 of the Consumer Protection Act, 2019 against the Order dated 27.05.2022 passed by the District Consumer Disputes Redressal Commission Bathinda in CC No.282 of 2019.

Quorum:-

Hon’ble Mr. Harinder Pal Singh Mahal, Presiding Judicial Member Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the appellants : Sh.Nitin Gupta, Advocate For respondent No.1 : Sh.Shubham Gupta, Advocate For respondent No.2 : Ms.Monika Thatai, Advocate SIMARJOT KAUR, MEMBER This Appeal has been filed by the Appellants/Opposite Parties No.1&2 under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 27.05.2022 passed by the District Consumer Disputes Redressal Commission Bathinda (in short ‘the District Commission’) whereby the Complaint of the Complainant had been partly allowed.

2. It would be apposite to mention that hereinafter the parties will be referred, as had been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Complainant before the District Commission are that the Complainant was the owner of vehicle i.e. TATA LPS 4018 bearing Registration No.PB-10BV-0353. He was plying his vehicle for earning his livelihood for his family. The vehicle was purchased by him by taking loan from Cholamandalam Investment and Finance Co. Ltd. It was hypothecated with OP No.3. The vehicle was insured with the OPs vide Insurance Policy bearing No.200/4063/117/P106734563 which was valid w.e.f. 09.08.2017 to 08.08.2018 for IDV of Rs.6,77,000/- on payment of requisite premium. The Complainant had engaged Jagsir Singh as driver of the vehicle. He was holding a valid driving licence.

4. The vehicle was having a valid permit for Punjab bearing No.6885/PB-03GV/2017 valid upto 07.05.2022. The said vehicle was stolen on the intervening night of 12.07.2018/13.07.2018 when it was parked outside the residence of Jagseer Singh i.e. Driver. Said vehicle could not be traced despite best efforts made by the Complainant and driver. An FIR No.156 dated 14.07.2018 was registered in P.S.Kalianwali, District Sirsa. At the time of theft the vehicle was fully insured with the OPs. The Complainant had informed the OPs about the theft of vehicle on 16.07.2018 by visiting their office. At that time, the OPs No.2 had obtained the signatures of the Complainant on various blank papers and printed forms. They asked the Complainant to come again after getting the copy of the investigation documents from the police and other necessary documents i.e. copy of RC, driving licence of the driver, copy of the permit etc. The same were supplied to OP No.2 in its office at Talwandi Sabo on 23.08.2018. The officials of the OP had again obtained the signatures of the Complainant and driver Jagseer Singh on some documents.