STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/1426/2023 NATIONAL INSURANCE COMPANY LIMITED PRESENT ADDRESS - 5C-1-2, RAILWAY ROAD, NEELAM CHOWK, FARIDABAD,HARYANA.

.......Appellant(s)

Versus DALBIR SINGH SON OF ZILE SINGH PRESENT ADDRESS - WARD NO. 7, NEAR BYPASS ANANDPUR-DELHI ROAD, VILLAGE KHARKHODA, DISTRICT SONIPAT, AT PRESENT RESIDING AT H. NO. 83, SECTOR 15A, FARIDABAD,HARYANA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE T P S MANN , PRESIDENT MRS. MANJULA , MEMBER FOR THE APPELLANT:

SHRI G.S.AHLUWALIA, COUNSEL FOR THE APPELLANT.

FOR THE RESPONDENT:

SHRI PARVEEN KUMAR, COUNSEL FOR THE RESPONDENT DATED: 12/03/2026

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1426 of 2023 Date of Institution:14.12.2023 Date of Order:-12.03.2026 National Insurance Company Limited, 5C-1-2, Railway Road, Neelam Chowk, Faridabad-121001, through its Divisional Manager/Branch Manager.

…..Opposite Party/Appellant Versus Dalbir Singh S/o Zile Singh, resident of Ward No.7, Near Bypass Anandpur-Delhi Road, Village Kharkhoda, District Sonipat, at present residing at H.No.83, Sector

15A, Faridabad.

..…Complainant/Respondent CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mrs. Manjula, Member.

Present:- Shri G.S.Ahluwalia, counsel for the appellant.

Shri Parveen Kumar, counsel for the respondent.

O R D E R

T.P.S. MANN J.

Delay of 65 days in filing the appeal is condoned for the reasons stated in the application for condonation of delay.

2. Opposite Party-National Insurance Company Limited, has filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 25.08.2023 passed by the District Consumer Disputes Redressal Commission, Faridabad whereby complaint filed by complainant-Dalbir Singh was allowed with directions:-

“Keeping in view of the above submission, the complaint is allowed. Opposite Party is directed to process the claim of the complainant within

30 days from the date of receipt of the copy of order and pay the IDV value to the complainant along with interest @ 9% p.a. from the date of filing of complaint till its realization. The opposite party is also directed to pay Rs.5500/- as compensation on account of mental tension, agony and harassment and Rs.5500/- as litigation expenses to the complainant.”

3. The brief facts of the case are that complainant was the owner of Mahindra Balazo bearing registration No.HR-63D-0034, which was insured with the opposite party. Theinsurance policy was valid from26.03.2019 to 25.03.2020. The IDV of the vehicle was Rs.30,40,000/-. On 09.01.2020, The driver, namely, Rashid went to Dadri (Haryana) for bringing crushed stones and when he reached near Village Bamnauli, he stopped his truck atFauji Dhaba and after taking meals, he slept for a while and when he got up in the morning, he found the truck was missing. He contacted the complainant on telephone and informed him regarding the theft of the vehicle. On 10.01.2020, the complainant lodged FIR No.12. at Police Station Line par, Bahadurgarh. Investigation was conducted but failed to trace out the vehicle.

The vehicle was stolen in the intervening night of 09/10.01.2020 and driver came to know about the theft, when he woke up to restart his journey for Dadri around 2.30 AM (night) on 10.01.2020, on which date the permit of the vehicle in question was valid. On 09.01.2020, the fee for the issuance of permit has been deposited by the complainant. Intimation regarding theft of the vehicle was communicated to the OP well in time. The OP appointed investigator, who investigated the claim as well as theft of the vehicle thoroughly. The complainant requested the OP to pay the claim amount, but, OP illegally and wrongly repudiated the claim of the complainant vide letter dated 30.04.2021. As the aforementioned act of the opposite party amounted to deficiency in service, the complainant filed the instant complaint.

4. Notice having been issued,opposite partyappeare