Appeal No. FA/13/211. Case: Jagdish Singh Vs Reliance General Insurance Co. Ltd.. Chhattisgarh State Consumer Disputes Redressal Commission
|Case Number:||Appeal No. FA/13/211|
|Party Name:||Jagdish Singh Vs Reliance General Insurance Co. Ltd.|
|Counsel:||For Appellant: Mr. Sanjay Dadsena, Advocate and For Respondents: Mr. S. Pandya, Advocate|
|Judges:||R.S. Sharma, J. (President) and Heena Thakkar, Member|
|Citation:||I (2014) CPJ 309 (Chhat.)|
|Judgement Date:||February 26, 2014|
|Court:||Chhattisgarh State Consumer Disputes Redressal Commission|
R.S. Sharma, J. (President)
This appeal is directed against the order dated 15.2.2013, passed by the District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth 'District Forum') in Complaint Case No. 190/2010, whereby the complaint filed by the appellant/complainant, has been partly allowed and respondent/O.P./Insurance Company, has been directed to pay a sum of Rs. 5,43,750 to the appellant/complainant within a month from the date of order, along with interest @ 6% p.a. from the date of filing of the complaint i.e. 16.4.2010 till date of payment. The District Forum has further directed the respondent/O.P./Insurance Company to pay Rs. 10,000 as compensation for mental agony and Rs. 3,000 as cost of litigation to the appellant/complainant. Briefly stated, the facts of the complaint of the appellant/complainant before the District Forum are that the appellant/complainant is registered owner of the vehicle bearing registration No. C.G. 04-ZA-6938. The said vehicle was insured with the respondent/O.P./Insurance Company for the period from 8.1.2009 to 7.1.2010 under Policy No. 2303782334004650. The Insured Declared Value of the vehicle was Rs. 7,25,000 and the amount of premium paid was Rs. 14,283. On 20.7.2009, the said vehicle met with a road accident near Pithora, District Mahasamund (C.G.) and the vehicle was completely damaged. The incident was reported to the Police Station, Pithora, District Mahasamund (C.G.) and also to the respondent/O.P./Insurance Company. The Insurance Company conducted sport survey and issued Motor Claim Form. The appellant/complainant submitted motor claim form before the Insurance Company along with all documents of the vehicle. The Surveyor was appointed by the respondent/O.P./Insurance Company, who inspected the vehicle and informed that the vehicle was completely damaged and it cannot be brought in the condition in which it was earlier The appellant/complainant requested the Insurance Company to pay the compensation, but the Insurance Company did not pay any amount to him. Hence the appellant/complainant filed consumer complaint before the District Forum.
The respondent/O.P./Insurance Company, filed its written version before the District Forum, and denied the allegations levelled by the appellant/complainant in the complaint. The respondent/O.P./Insurance Company pleaded in the written statement that the Surveyor has mentioned in the report that "The insured has not dismantled the vehicle till date and not starting the repairs...
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