ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 24.12.2018

Date of final hearing: 23.04.2026

Date of order: 23.04.2026

First Appeal No.1375 of 2018

IN THE MATTER OF:-

1. Shriram General Insurance Company Ltd., Regd. & Corpt. Office E-8, RIICO industrial Area, Sitapur Jaipur through its General Manager.

2. Shriram General Insurance Company Ltd., 1st Floor, Plot No.57/75, Thapar Colony, Workshop Road, Yamunanagar Branch, Yamunanagar, Haryana through its Branch Manager.

Now through its authorised signatory Amandeep Sharma, Shriram General Insurance Company Ltd., SCO No. 178, Sector 38-C, Chandigarh.

.....Appellants

Versus

Raj Kumar S/o Sh. Kundan Ram, R/o 27, Village Toka, Tehsil Nariangarh, District Ambala, Haryana.

…..Respondent

CORAM:

SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Mr. J.P. Nahar, counsel for appellants.

Mr. Balwinder Singh, counsel for the respondent.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER :-

The present appeal No.1375 of 2018 has been filed against the order dated 20.11.2018 passed by learned District Consumer Disputes Redressal Forum, Ambala (In short “District Commission”) in complaint case No. 385 of 2017, which was partly allowed.

2. Factual matrix : Complainant being the owner of truck/tipper No.HR37D-0078 purchased insurance policy from OP, which was valid from 14.10.2016 to 13.10.2017. On 08.11.2016 an accident took place due to spark in High Tension wire and truck/tipper got damaged completely. Fire brigade was called which managed over the fire. DDR dated 08.11.2016 was also lodged wherein correction was made on 21.12.2016. Complainant had intimated OPs regarding the incident and also submitted requisite documents but the insurer did not pass the same and gave false assurance to the complainant every time. Complainant got served legal notice upon them but to no avail. As per plea, the act and conduct of OPs amounts to deficiency in service on their part.

3. Upon notice, OPs raised their contest. In their defense; it is pleaded that a claim was reported by the complainant with regard to accident loss of tipper No.HR- 37D-0078 and surveyor Gurkirat Singh was deputed to assess the loss, who inspected the said vehicle. After that one investigator Mr. Shobh Nath was also deputed to investigate the matter and to give fact finding report about the same but he found some contradictory information. On being confronted when the fuel tank on the left side and right side indicator was found intact, the complainant did not respond satisfactorily and also did not cooperate with the investigator. After scrutinizing and elaborating the whole facts, situation, records and evidence, letters were written for clarification from electricity department about catching of fire but all in vain. Complainant in order to put undue pressure has approached the Forum with unclean hands. As per plea, there is no deficiency in service on the part of insurer.

4. Parties to lis led their respective evidence oral as well as documentary. On analyzing the same; learned District Consumer Commission, Ambala has allowed the complaint vide order dated 20.11.2018, which is as under:

“Hence, the present complaint is partly allowed with costs which is assessed at Rs.10,000/- on account of mental agony, harassment and litigation expenses etc. The OPs are further directed to comply with the following orders:

1. To pay the amount of Rs.18,09,578/- (loss assessed by the surveyor) alongwith interest @ 9 % per annum from the date of filing of complaint till its realization.

2. Also to pay cost of Rs.10,000/- as assessed above,

3. The complainant is bound to handover the damaged vehicle alongwith original documents against valid receipt and complainant is also bound to submit to indemnity bond and surety bond to the OP after payment of awarded amount with costs. If OPs are liberty