STATE CONSUMER DISPUTES REDRESSAL COMMISSION
United India Insurance Company Ltd. – Appellant
Versus
Prabhjit Singh Bath & Anr. – Respondent
SC/3/A/65/2023
STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 30.01.2023 Date of Decision : 20.02.2026 United India Insurance Co. Ltd. (General Manager/Branch Manager/Authorised Person, at 2A, Whites Road Chennai-600014), through its Regional Office, i.e. United India Insurance Company, Legal Department, 108, Surya Towers, 3rd Floor, Mall Road, Ludhiana-141001, through Lipi Moitra, Assistant Manager, United India Insurance Company Limited. …..Appellant/Opposite Party No.2 Versus
1. Prabhjit Singh Bath S/o S. Massa Singh, aged about 32 years, R/o VPO Kacha Pacca Tehsil Patti, District Tarn Taran.
..…..Respondent No.1/Complainant
2. Karvat Cover More Assist Private Limited, through Authorized Person/Branch Manager at ‘Trawell Tag Cover More’, 2nd Floor, SCO 32, Pal Plaza, Distt. Shopping Complex, Ranjit Avenue, Amritsar.
..…..Respondent No.2/Opposite Party No.1 First Appeal under Section 41 of Consumer Protection Act, 2019 for setting aside the order dated 20.10.2022 passed by the District Consumer Disputes Redressal Commission, Tarn Taran, Camp Court at Amritsar in RBT/Consumer Complaint No.284 of 2017.
Quorum:-
Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Present:-
For the Appellant : Sh. Munish Goel, Advocate For Respondent No.1 : Sh. Sukhandeep Singh, Advocate For Respondent No.2 : None
1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No
2) To be referred to the Reporters or not? Yes/No
3) Whether judgment should be reported in the Digest? Yes/No JUSTICE DAYA CHAUDHARY, PRESIDENT:-
The Appellant/OP No.2 has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) being aggrieved by the order dated 21.10.2022 passed by the District Consumer Disputes Redressal Commission, Tarn Taran Camp Court at Amritsar (in short the “District Commission”) in RBT/Consumer Complaint No.284 of 2017, whereby the Complaint filed by the Complainant had been allowed.
2. There was delay of 37 days in filing of the Appeal. M.A. No.144 of 2023 was filed for condonation of delay which was supported by an affidavit. The delay of 37 days was condoned vide order dated 01.02.2023. M.A. was disposed off accordingly.
3. Briefly, the facts of the case of the Complainant which are necessary for disposal of the present Appeal are that the Complainant being aggrieved by the action of the OPs had filed the Complaint before the District Commission with the following prayer :-
“(i) Opposite parties be directed to settle claim of Rs.775.50 + 1162.25 ponds that is INR-1,55,040/- approx. in favour of trust namely Barking, Havering & Redbridge NHS Trust, RF4 Receivables 6619 Shared Business Services, Phoenix House, Topcliffe Lane, Wakefiele WF3, 1 WE immediately without late and also pay if any fine is imposed by the said trust; or in the alternative if the same amount is recovered from the complainant by the said trust then opposite parties be directed to pay the same to the complainant along with interest @12% p.a. on the said amount;
(ii) The opposite parties be directed to pay compensation of Rs.25000/- for the mental tension, harassment and agony suffered by the complainant on account of deficiency in service on the part of the opposite parties.
(iii) Litigation expenses of the present complaint, as this Hon’ble Forum deem fit, be also awarded in favour of the complainant in the interest of justice, equity and fair play.
Any other relief which this Hon’ble Court deem fit and just be also awarded in favour of the complainant and against the opposite party.”
4. Upon issuing notices in the said Complaint to the OPs, they had appeared through Counsel and filed separate reply/written versions. Certain preliminary objections were raised and other averments made in the Complaint were controverted.
5. By considering the averments made in the Complaint and reply thereof as well as the oral arguments raised by the Counsel for the parties and
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