AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 13/09/2024 Date of Final Hearing: 23/04/2025 Date of Pronouncement: 21/05/2025 APPEAL No.- FA/24/594 IN THE MATTER OF :

United India Insurance Company Limited Branch Manager, Anupama Chowk, Jagdalpur, Dist. Bastar (C.G.) – 494 001 … Opposite party/ Appellant Through: Shri P.K. Paul, Advocate Vs.

Avinash Kashyap S/o. Shri Sukhram Kashyap, R/o. C/o. Nitesh Saha, H.No.283, Lokmanya Tilak Ward, Jagdalpur, Dist. Bastar (C.G.)-494 001 … Complainant / Respondent Through: Smt. Sita Dewangan, Advocate.

CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri P.K. Paul, Advocate for the appellant.

Shri Sita Dewangan, Advocate for the respondent.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal is filed under section 41 of the Consumer Protection Act 2019 (hereinafter referred to as “the Act” for short) against order dated 02.07.2024 passed by District Consumer Disputes Redressal Commission, Jagdalpur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/21/2023, whereby the complaint was partly allowed directing the opposite party/ appellant herein to pay within one month the complainant / respondent repairing expenses incurred for repairing of his vehicle Rs.2,06,000/- (Two Lacs Six Thousand) with simple interest @ 7% p.a. from the date of filing complaint 24.05.2023 till the date of payment. If the opposite party/ appellant fails to pay the above amount within one month the interest was directed to be paid @ 9% p.a. The opposite party / appellant was further directed to pay the complainant/ respondent within one month Rs.15,000/- (Fifteen Thousand) towards towing charges of the damaged vehicle, Rs.10,000/-

(Ten Thousand) as compensation for mental agony and sufferings along with cost of litigation Rs.5,000/- (Five Thousand).

2. In nutshell the facts stated in the complaint are that the complainant/ respondent had insured his Mahindra XUV 500 FWD Carrom vehicle bearing registration No.CG-17-KH-9300 from the opposite party/ appellant. On 11/11/2022, near Nellur (Andhra Pradesh), when the driver parked the vehicle by the road and went to take tea, a truck driver hit the vehicle. In the said accident, the disc of the complainant/ respondent's vehicle burst, the tyre burst and the balance rod got bent. The repair cost of which was about Rs 2,40,000/- (two lakh forty thousand). When the complainant/ respondent informed the opposite party/ appellant about the accident, their surveyor assessed the loss to be only Rs.13,000/- (thirteen thousand) and gave his survey report accordingly. Which the complainant/ respondent denied and requested the opposite party/ appellant on 27/03/2023 to get the survey done again and pay Rs.2,40,000/- (two lakh forty thousand). The complainant/ respondent submitted all the due bills of the repair of the vehicle to the opposite party/ appellant but the loss was not assessed again as per the bills presented. Due to delay in repairing of the vehicle the complainant/ respondent had to do his work by hiring a private transport vehicle in which he had to incur Rs.75,000/- (seventy five thousand) for a total of five months @ Rs.15,000/- (fifteen thousand) per month. With these averments alleging deficiency in service on the part of the opposite party / appellant complaint was filed before the District Commission seeking compensation of Rs.2,40,000/- (Two lakh forty thousand) with interest @ 18% p.a., Rs.1,00,000/- (One lakh) for mental compensation and Rs.75,000/- (Seventy five thousand) towards hiring a vehicle etc.

3. The opposite party / appellant in its written version refuting the allegations leveled in the complaint averred that the complainant/ respondent's vehicle bearing registration No.CG-17-KH-9300 was insured for the period from 21/09/2022 to 20/09/2023 under "Private Car Package Policy". Upon intimation of acciden