ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSIN MARG, SECTOR 37-A, CHANDIGARH.

Date of institution : 05.02.2024 Reserved on : 13.01.2026 Date of decision : 21.01.2026 New India Insurance Company through its Divisional Manager, Division Office, Dalhousie Road Pathankot. Pin Code -145001 Now through its Authorized Signatory, New India Assurance Company Limited, Regional Office, SCO No.36-37, Sector 17-A, Chandigarh.

…..Appellant/Opposite Party Versus Sulakhan Singh S/o Sh. Fauja Singh R/o Village Sultani, P.O.

Behrampur, Tehsil and District Gurdaspur.

….Respondent/complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 06.12.2023 passed the District Consumer Disputes Redressal Commission, Gurdaspur in CC/17/2019 Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Argued by:-

For the appellant : Sh. V.K. Kanwal, Advocate For respondent : Sh. Dinesh Mahajan, Advocate KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/opposite party against the impugned order dated 06.12.2023 passed by District Consumer Disputes Redressal Commission, Gurdaspur (in short, “the District Commission”), whereby the complaint filed by the complainant against opposite party (in short ‘OP’), under Section 12 of the Consumer Protection Act 1985, was accepted while granting the following relief:

“20 Accordingly, present complaint is partly allowed and opposite party is directed to pay Rs.18,25,000/- i.e. IDV of the policy of insurance without interest. However, it is made clear that if amount is not deposited within 30 days from the date of receipt of copy of this order the amount of Rs.18,25,000/- shall carry interest @9% p.a. from the date of filing of the present complaint i.e. 21.01.2019 till realization. Opposite party is further directed to pay Rs.25,000/- to the complainant for mental tension harassment, agony and cost of litigation within the above referred given period.”

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

3. Brief facts for the disposal of the appeal are that the complainant got insured his Truck bearing registration No.PB-06-V- 9392, from the OP vide policy bearing No.36160031160100002209 valid from 13.08.2016 to 12.08.2017 for the IDV of Rs.18,25,000/-. The said vehicle was being run for earning his livelihood by way of self employment. The complainant alleged that the said insured vehicle was stolen on 08.07.2017 from Industrial Area, Jalandhar and an FIR No.143 dated 13.07.2017 U/s 379 IPC was got registered at P.S.Division No.1, Jalandhar. The complainant obtained untraced report regarding the theft of his vehicle from the JMIC, Jalandhar and thereafter he approached the OP for releasing the claim on account of theft of his vehicle, but the OP failed to release the genuine claim of the complainant despite his repeated requests. The complainant also served legal notice upon the OP, but all in vain. Alleging deficiency in service on the part of the OP, the complaint filed consumer complaint before the District Commission and sought directions against the OP to pay Rs.18,25,000/- along with interest and further to pay Rs.25,000/- as compensation for mental harassment and torture; besides Rs.15,000/-

as cost of litigation.

4. Upon notice OP appeared through counsel and filed written reply, wherein it raised certain legal objections, which are not required to be reproduced here for the sake of brevity. On merits, the OP stated that on receipt of intimation letter dated 10.07.2017, regarding the theft of the insured vehicle, it deputed M/S Royal Associates, Investigating & Detective Agency to investigate the matter. The said investigating agency in its report based on the statement of the complainant had pointed out that one ignition key was placed in the dashboard of the vehicle and as per FIR, someone had stolen the vehicle by using the s