STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/A/15/1481 AKRAM CHOUDHRY PRESENT ADDRESS - A,MADHYA PRADESH.

.......Appellant(s)

Versus NATIONAL INSU.CO.

PRESENT ADDRESS - A,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT:

AKRAM CHOUDHRY FOR THE RESPONDENT:

NATIONAL INSU.CO.

DATED: 10/09/2025

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1481 OF 2015

(Arising out of order dated 08.12.2015 passed in C.C.No. 09/2015 by District Commission, Gwalior)

AKRAM CHOUDHARY,

S/O SHRI NIZAM CHOUDHARY,

R/O DHOLI BUA KA PUL, BAI SAHAB KI PARADE,

ENGALE SAHAB KA BADA, LASHKAR, GWALIOR (M.P.) … APPELLANT.

Versus

1. NATIONAL INSURANCE CO.LTD. THROUGH DIVISIONAL MANAGER, DIVISION OFFICE NO.1, JAYENDRAGANJ, LASHKAR, GWALIOR (M.P.)

2. PREM MOTORS PVT. LTD.

THROUGH MANAGER/DIRECTOR, KANWAL COMPLEX, A.G.OFFICE ROAD, GWALIOR (M.P.)

3. ASHOK KUMAR AGRAWAL, SURVEYOR & LOSS ASSESSOR, MADHUVILLA 454/1, HARGOVINDPURAM, VISHWAVIDYALAYA ROAD, GWALIOR (M.P.) ... RESPONDENTS.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Hemant Sharma, learned counsel for the appellant.

Shri Pankaj Waghmode, learned counsel for the respondent no.1.

Shri Deepak Shrivastava, learned counsel for the respondent no.2.

Service of notice on respondent no.3 is dispensed with

O R D E R

(Passed On 10.09.2025)

Per Say Justice Sunita Yadav:

The complainant/appellant has filed this appeal against the order dated

08.12.2015 passed by the District Consumer Disputes Redressal Commission, Gwalior for short ‘District Commission) in C.C. No. 09/2015 whereby the complaint filed by him has been partly allowed.

2. Facts of the case in short as narrated by the complainant/appellant are that the complainant’s vehicle bearing registration number MP-07 CB-1786 was insured with the opposite party no.1-insurance company for the period w.e.f. 16.02.2013 to 15.02.2014 for IDV Rs.1,86,918/-. On 21.06.2013 the subject vehicle met with an accident in the boundaries of District-Eta, UP and since the complainant and other passengers got injured they were brought to Agra where they underwent treatment for 20 days. The complainant’s uncle informed the Police Station-Sakroli on 24.06.2013 and the subject vehicle was brought to Tundla and from where to Gwalior. The vehicle was brought to the workshop of opposite party no.2 at Gwalior on 25.06.2013, where assuming the vehicle in total loss, the complainant was asked to deposit Rs.15,618/- out of which Rs.10,000/- were returned.

3. It is further submitted that on informing opposite party no.1-insurance company, the surveyor opposite party no.3 was appointed who found the vehicle in total loss but in order to pay less claim amount by the opposite party no.1, the opposite party no.3 by letter dated 11.07.2013 called the complainant for settlement of claim. Since the complainant was unwell, the insurance company had obtained consent letter dated

30.07.2013 from his uncle for a sum of Rs.1,00, 918/-. It is alleged by the complainant that the insurance company did not pay the claim. It is further alleged by the complainant that the opposite party no.2 and 3 considering the vehicle in total loss and even after obtaining consent letter and completion of all formalities informed the complainant to get the vehicle repaired whereas the vehicle was not repairable. It is alleged that all this Act of the opposite parties comes under the purview of deficiency in service and he therefore filed a complaint before the District Commission seeking relief.

4. The opposite party no.1-insurance company by filing reply to the complaint submitted that the complainant informed about the incident after 6 days and the insurance company was deprived of spot survey. On intimation being received surveyor was appointed in the matter but the complainant also delayed to subm