IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 23.08.2024 Date of Hearing: 29.10.2025 Date of Decision: 15.12.2025 FIRST APPEAL NO.- 572/2024 IN THE MATTER OF MR. SACHIN GUPTA S/O LATE SH. LAXMI CHAND GUPTA ND R/O SE-19, 2 FLOOR, SHALIMAR BAGH DELHI-110088 (Through: Mr. Lokesh Kumar Rai, Advocate)

…Appellant VERSUS NEW INDIA ASSURANCE COMPANY LIMITED REGIONAL OFFICE -2 TH CORE -1, 10 FLOOR, SCOPE MINAR LAXMI NAGAR, DISTRICT CENTRE. DELHI FARIDABAD-121001 (HARYANA)

(Through: Mr. Navdeep Singh & M.S. Kapoor, Advocates)

…Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE) Present: Mr. Lokesh Kumar Rai, Counsel for the appellant (Enrl. No. D/1735/2010, Mobile: 9871667492, Email: lokeshkkumarrai@gmail.com)

None for the respondent PER :HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“1. The present complaint has been received by way of transfer vide order No.F.1/SCDRC/Admn./Transfer/2022/330 dated 16/04/2022 of Hon'ble Delhi State Consumer Dispute Redressal Commission, where the matter was transferred from DCDRC-V (North West) to this Commission.

1. This complaint has been filed by Sh. Sachin Gupta, the Complainant, alleging deficiency in services against, The New India Assurance Co. Ltd., Opposite Party (OP).

2. Facts necessary for the disposal of the present complaint are, the Complainant being the registered owner of Chevrolet Optra bearing Registration No.DL- 4CAD-1405. got it insured from OP vide Policy No.32161131150100000366 for the period 30/03/2016 to

30/03/2017.

3. On 28/12/2016, the insured vehicle, while being driven by the relative of the complainant, met with an accident at Bawana, Delhi. OP was duly informed and surveyor, Sh. Udayveer Singh was appointed. On 03/01/2017, the surveyor inspected An email dated 09/01/2017, was sent to the surveyor for settlement/approval of the repairs which was replied by the surveyor via emails dated 10/01/2017 and 11/01/2017 raising certain queries. The said queries were replied through emails dated 12/01/2017, however, the claim was not settled. Again, emails dated 20/03/2017 and 22/03/2017 were sent to the OP and surveyor.

5. As the claim was not settled by OP, on 25/03/2017, the workshop demanded parking charges @Rs.100/- per day. Thereafter, the complainant appointed an independent surveyor at his own cost and paid Rs.4.090/-. The complainant paid Rs.1,41,538/- in cash to M/s Laxmi Automobiles and Global Spares. Rs.8,700/- were also paid as parking charges from 28/12/2016 to 24/03/2017. 6. Despite several personal visits and telephonic reminders, OP did not settle the claim. Hence, the present complaint with the prayer for directions to OP to pay Rs.1,41,538/paid to the repairer in cash to M/s Laxmi Automobiles and Global spares and Rs.8.700/- paid on account of parking charges Rs.100/- per day for period

28/12/2016 to 24/03/2017; Rs.4,090/- paid as surveyor fees; interest @24% p.a. on the cost of repair from the date of accident till realization; Rs.1,80,000/- on account of mental agony and Rs.50,000/- as cost of litigation.

7. The complainant has annexed the policy schedule cum certificate ás Annexure-C-1; registration certificate as Annexure-C-2; driving license of his relative as Annexure-C-3; claim intimation letter to OP dated 30/12/2016 as Annexure-C-4; Motor Vehicle Claim Form, estimate issued by M/s Laxmi Automobiles emails dated 09/01/2017, 10/01/2017, 11/01/2017, 12/01/2017, 20/03/2017, 22/03/2017, Copy of RTI and surveyor report dated 18/01/2017 as Annexure-C-5. Cash memos dated 15/04/2017 and 28/04/2017 for repairs and parking charges issued by M/s Laxmi Automobiles, cash memo issued by Global Spare dated 28/03/2017, report of the surveyor appointed by the complainant, re-inspection report and survey fee bill as Annexure-C-6.

8. Notice of the present complaint was issued to OP.

9. Written statement has been