2^nd Additional Bench

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PUNJAB, CHANDIGARH

First Appeal No. 1578 of 2014

Date of institution : 03.12.2014

Date of decision : 25.05.2017

Nishan Singh son of Sh. Partap Singh, resident of Jattan Patti,

Samana, District Patiala.

….Appellant/Complainant

Versus

The Oriental Insurance Co. Ltd., # 126, Chhoti Baradari, Patiala

through its Branch Manager.

….Respondent/Op

First Appeal against the order dated

26.05.2014 of the District Consumer

Disputes Redressal Forum, Patiala.

Quorum:-

Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

Mr. Gurcharan Singh Saran, Judicial Member.

Present:-

For the appellant

: Sh. Hardip Singh, Advocate

For the respondent

: Sh. J.P. Nahar, Advocate

GURCHARAN SINGH SARAN, JUDICIAL MEMBER

ORDER

The appellant/complainant (hereinafter referred as the

complainant) has filed the present appeal against the order dated

26.05.2014 passed by the District Consumer Disputes Redressal

First Appeal No. 1578 of 2014

Forum, Patiala (hereinafter referred as the District Forum) in

consumer complaint No. 421 dated 12.12.2013 vide which the

complaint filed by the complainant was partly allowed with the

direction to the Op to make the payment of Rs. 21,902.97p,

subject to providing the salvage or in the alternative pay Rs. 500/-

as value thereof.

2.

Complaint was filed by the complainant under the

Consumer Protection Act, 1986 (in short ‘the Act’) against the

respondent/opposite party (hereinafter referred as the Op) on the

averments that the complainant is a owner of car No. PB-11-BA-

0202, got it insured with Op vide cover note No. 538595 for the

period 14.2.2012 to 13.2.2013 after paying the premium of Rs.

22,692/-. On 11.1.2013, the complainant was coming back from

Badanpur to Samana at about 9.30 p.m. he met with an accident

and chamber of the said car started leaking. Complainant informed

K.L. Nissan Rajpura Road, Patiala but nobody came to attend. He

again requested K.L. Nissan, Rajpura Road, Patiala on 12.1.2013

but nobody turned up. On 14.1.2013, complainant personally took

the vehicle to the premises of K.L. Nissan, Rajpura Road, Patiala

by towing the same with the crane and the care remained there

upto 13.8.2013. K.L. Nissan, Rajpura Road, Patiala prepared the

estimate to the tune of Rs. 4,80,000/- excluding the charges of

labour to the tune of Rs. 50,000/-. The complainant was regularly

approaching K.L. Nissan, Rajpura Road, Patiala to repair the said

vehicle but to no effect. He got issued a legal notice dated

30.3.2013 through Sh. Baljinder Singh Cheema, Advocate,

First Appeal No. 1578 of 2014

Patiala, which was duly served but with no result. The complainant

filed a complaint under the CP Act, which was dismissed on

29.5.2013 with an order that the complainant can file the fresh

complaint by cashless policy terms and conditions. He again

issued a legal notice dated 26.7.2013 and it was advised by the

Op to the complainant to take away the vehicle from K.L. Nissan

Rajpura Road, Patiala and got it repaired privately for a sum of Rs.

3,00,000/-. It was paid by the complainant from his own pocket.

After repair of the said car, the bills of the same were sent to Ops

with a request to make the payment but Ops failed to make the

payment. Alleging deficiency in service on the part of Ops,

complaint was filed before the District Forum for seeking payment

of Rs. 3,00,000/- i.e. repair charges of the vehicle alongwith

compensation of Rs. 2,00,000/-.

3.

Upon notice, Op appeared and contested the

complaint and filed their written statement taking preliminary

objections that on receipt of the intimation of the accident, K.L.

Nissan prepared the estimate of Rs. 1,95,000/-, however, Ops

deputed Sh. G.S. Riar to assess the loss but he had gone to

Australia and then competent authority had deputed Er. Rajesh

Wadhawan, Surveyor, who submitted his report

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