2^nd Additional Bench

STATE

CONSUMER

DISPUTES

REDRESSAL

COMMISSION,

PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

First Appeal No.1392 of 2014

Date of institution : 13.10.2014

Date of decision : 19.08.2015

Jagjeet Singh son of Kartar Singh, resident of House No.309, M.I.G.,

Phase-III, Urban Estate, Dugri, Ludhiana, Punjab

…….Appellant/Complainant

Versus

1. The New India Assurance co. Ltd. Through its Chairman &

Managing Director Office at 87 M.G. Road Fort, Mumbai-400013.

2. The New India Assurance co. Ltd. Through its Deputy General

Manager, office at 4^th Floor, Surya Tower, 108, The Mall,

Ludhiana.

3. The New India Assurance co. Ltd. through its Chief Regional

Manager, office at SCO no.36-37, Sector 17-A, Chandigarh.

.. …Respondents/Opposite Parties

First Appeal against the order dated

26.08.2014 passed by the District

Consumer

Disputes

Redressal

Forum, Ludhiana.

Quorum:-

Shri Gurcharan Singh Saran, Presiding Judicial Member

Sh. Jasbir Singh Gill, Member

Smt. Surinder Pal Kaur, Member

Present:-

For the appellant

: Sh. Sunil Kumar, Advocate

For the respondent

: Sh. B.S. Taunque, Advocate

MRS. SURINDER PAL KAUR, Member

ORDER

The appellant/ complainant (hereinafter referred as the

‘complainant’ ) has filed the present appeal against the order dated

26.08.2014 passed by District Consumer Disputes Redressal Forum,

Ludhiana (hereinafter referred as “District Forum”) in Consumer

F.A. No. 1392 of 2014 2

Complaint No.901 dated 04.12.2013 vide which the complaint filed by

the complainant was dismissed.

2.

Brief facts, as stated in the complaint, are that in 2008,

complainant had purchased New Tata Indigo Diesel LX car, which was got

insured with OP No.3, vide policy bearing NO.30330031110100005488 after

paying the premium of Rs.7021/-. The policy was valid up to 20.2.2013. On

15.07.2012 complainant along with his son Gagandeep Singh went to

M.B.D. Mall, Ferozepur Road, Ludhiana. After parking his car in the public

parking services lane, he went inside the mall and when he came back after

1 hour, the car was not there. He informed the police official standing

outside the mall and they started investigation. It was also informed to A.S.I.

Jasbir Singh P.S.PAU, Ludhiana. On next day complainant went out of

station for urgent work and he sent his son to Police Station, P.A.U,

Ludhiana and in the office of insurance company. But they stated that

personal appearance of the complainant was necessary for statement.

Complainant reached at Ludhiana and made written complaint to Police

Station, PAU, Ludhiana and FIR dated 24.07.2012 was got registered and

trial was conducted in the court of J.S. Mehndirata, JMIC, Ludhiana, and

the case was disposed of with untraced report of vehicle dated 16.02.2013.

Complainant also approached branch office of OP No.2, and submitted all

the documents which they demanded i.e. FIR, Insurance Certificate,

registration certificate of car and other relevant documents and they assured

that they will settle the claim but despite repeated requests made by the

complainant they put off the matter on one pretext or the other. Later on,

matter was referred to private detective agency. On 18.11.2013 his

insurance claim was repudiated by OPs on the ground of delay intimation to

the police and insurance company. Whereas, there was no delay and

sufficient reasons were explained by the complainant. The above said act of

F.A. No. 1392 of 2014 3

OPs amounted to deficiency in services, hence, he filed the complaint

before the Dis

Click Here to Read the rest of this document