H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA.

First Appeal No.: SC/2/FA/54/2025 Date of Presentation : 07.03.2025 Order Reserved on : 02.12.2025 Date of Order : 08.12.2025 _____

United India Insurance Company Ltd., Regional Office-II (Service Hub) Core IV, Ist Floor, Scope Minar Complex, Lakshmi Nagar, District Centre Delhi 110092 through its Regional Manager now through its Manager, Divisional Office at Timber House, Shimla-3.

……Appellant/Opposite Party No.1.

Versus

1. Sujan Singh S/o Sh. Dharmu R/o Village Banoon, P.O. Holi, Tehsil & District Chamba, H.P.

……Respondent No.1/Complainant.

2. Sant Autozone Pvt. Ltd., Branch Office Parel Tehsil and Distt.

Chamba Through its Branch Manager (Head Office Matour-

Palampur, Road, Kachahri, Kangra, H.P.

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

Coram Hon’ble Mr. Justice Inder Singh Mehta, President Hon’ble Ms. Yogita Dutta Member.

Whether approved for reporting? Yes.

For the Appellant :Mr.Lalit K. Sharma, Advocate.

For Respondent No.1 :Mr.Narender Sharma, Advocate.

For Respondent No.2 :Surinder Saklani, Advocate.

1Whether reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President O R D E R Instant appeal is arising out of the order dated

24.10.2024 passed by Learned District Consumer Commission, Chamba, in Consumer Complaint No.57/2019 titled Sh. Sujan Singh Versus United India Insurance Company Ltd. & Anr., whereby, the complaint of the complainant was allowed and opposite party No.1 was directed to pay an amount of Rs.7,34,879/- to the complainant alongwith interest @ 9% per annum from the date of complaint till its realization. Opposite party No.1 was further directed to pay compensation to the complainant to the tune of Rs.10,000/-. The opposite party No.2/dealer was also directed to pay compensation to the complainant to the tune of Rs.36,000/- within 45 days from the date of receipt of copy of this order, failing which, the opposite party No.2 will pay Rs.50/- per day to the complainant till the entire amount is paid. Opposite parties were jointly and severally also directed to pay litigation cost of Rs.20,000/- to the complainant.

Brief facts of Case:

2. Brief facts of the case are that complainant purchased a vehicle i.e. Mahindra & Mahindra Bolero Power SLX bearing registration No.HP-46-2228 for his personal use from the opposite party No.2/dealer. Opposite party No.2/ dealer charged Rs.35,785/- from the complainant to get the vehicle insured with the opposite party No.1/insurance company vide policy No.2215003117P118793206 effective w.e.f. 25.3.2018 to 24.3.2019. The vehicle of complainant is a private vehicle but the opposite party No.2/dealer got insured the same from insurance company as a public vehicle which is negligence on the part of opposite party No.2/dealer. On 22.11.2018, the vehicle in question met with an accident at place near Khajjiar, District Chamba (H.P) and suffered total loss. Intimation of accident was given to the opposite party No.1/insurance company and complainant supplied all the documents to the insurance company, but claim of the complainant was repudiated by the opposite party No.1/insurance company vide letter dated 13.05.2019 on the ground that "Policy issued is not in accordance with R.C & Indian Motor Tariff". Alleging deficiency in the service on the part of opposite parties, the complainant has filed the present complaint.

3. The opposite party No.1/insurance company appeared through counsel, but failed to file reply within stipulated time period of 45 days, as such, reply filed by the opposite party No.1/insurance company was not taken on record legally.

4. Opposite party No.2/dealer filed reply and denied the fact that at the time of purchase of vehicle, dealer had charged Rs.35,785/- from the complainant to insure the vehicle with the opposite party No.1/insurance company. The vehicle was to be got insured by the complainant himself from the opposite party No.1/insurance company, as such, there was no ques