CHHATTISGARH STATE

CONSUMER DISPUTES REDRESSAL COMMISSION,

PANDRI, RAIPUR (C.G).

Appeal No.FA/2017/231

Instituted on : 11.04.2017

M/s Radheshyam Agrawal,

Partner - Sanjay Agrawal, S/o Shri Radheshyam Agrawal,

Aged 41 years,

Address : L/24, In Front of Anmol Apartment,

Main Road, Avanti Vihar, Raipur,

Tehsil & District Raipur (C.G.) 492099

... Appellant (Complainant)

Vs.

United India Insurance Company Limited,

Paras Complex, Opposite S.B.I. Station

Gurudwara Road Sindhi Colony,

Durg, District Durg (C.G.)

... Respondent (O.P.)

PRESENT :

HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT

HON'BLE SHRI D.K. PODDAR, MEMBER

HON'BLE SHRI NARENDRA GUPTA, MEMBER

COUNSEL FOR THE PARTIES :

Shri K. Anandani, Advocate for the appellant (complainant).

Shri P.K. Paul, Advocate for the respondent (O.P.)

ORDER

DATED : 28/06/2017

PER :- HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.

This appeal is directed against the order dated 30.01.2017, passed

by District Consumer Disputes Redressal Forum, Durg (C.G.)

(henceforth “District Forum") in Complaint Case No.C.C./2016/405. By

the impugned order, learned District Forum, has dismissed the

complaint of the complainant.

// 2 //

2. Briefly stated, the facts of the complaint of the complainant are

that the vehicle Tipper bearing registration No.C.G.04-JC-6744 is

registered in the name of M/s Radheshyam Agrawal. Sanjay Agrawal is

partner of M/s Radheshyam Agrawal. On 28.08.2014, the said vehicle

was standing in the working place of the complainant at Khargahni and

due to rainy season, the place was wet, at that time another vehicle

bearing registration No.C.G.04-JC-6742 was coming and due to rain and

place was wet, therefore, the said vehicle slipped and dashed with

vehicle bearing registration No.C.G.04-JC-6744 due to which the cabin

of said vehicle was badly damaged. The intimation regarding the

incident was immediately given to the Insurance Company, who got

conducted Survey and thereafter on the instructions of the Insurance

Company repairing of the vehicle was got done by the complainant.

Repairing was done by Auto Plaza Private Limited, Tabibandh, Raipur

in which a sum of Rs.5,51,901/- was spent. The complainant paid a sum

of Rs.5,51,901/- to Auto Plaza Private Limited, and provided original

receipt to the O.P. (Insurance Company). The complainant also

submitted all documents relating to the repairing of the vehicle in

question and bill, which was paid, to the O.P. (Insurance Company).

The complainant also submitted copy of the report lodged in the Police

Station. The O.P. and Surveyor promised that the claim amount would

be paid at the earliest, but the claim amount was not paid. The O.P.

informed

the

complainant

that

his

claim

No.

is

// 3 //

270381/31/14/01/90000461. The complainant frequently inquired the

O.P. regarding his claim, then in the month of March, 2015 the O.P.

informed the complainant that his claim has been treated as No Claim

because on the date of incident, the vehicle bearing registration

No.C.G.04-JC-6744 was not having fitness certificate and it was told that

in this regard written intimation will be given at the earliest to the

complainant. The vehicle bearing registration No.C.G.04-JC-6744 was

comprehensively insured with the O.P. for the period from 08.02.2014 to

07.02.2015 under Insurance Policy No.191581/31/13/01/00028966. The

O.P. perused all documents and found them correct and then vehicle

was insured. After purchasing the vehicle in the month of March, 2012

the complainant obtained permit and fitness of the vehicle. The permit

was provided for the period from 16.03.2012 to 15.03.2017 and fitness

was provided for the period from 14.03.2012 to 13.03.2014. As the

permit is valid for year 2017, therefore, due to mistake, the complainant

could not renew the fitness and when he came to know regarding

mistake, he got renewed the fitness which was

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