Case nº Revision Petition No. 2443 Of 2015, (Against the Order dated 22/04/2015 in Appeal No. 21/2012 of the State Commission Punjab) of NCDRC Cases, May 23, 2017 (case National Insurance Company Ltd. Vs Manjit Singh & Ors.)

JudgeFor Appellant: Mr. Abhishek Gola, Advocate and For Respondents: Ms. Aditi Sharma, Advocate
PresidentMr. Dr. B.C. Gupta,Presiding Member and Mr. Dr. S.M. Kantikar,Member
Resolution DateMay 23, 2017
Issuing OrganizationNCDRC Cases


Dr. B.C. Gupta, Member

  1. This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 22.04.2015, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in First Appeal No. 21/2012, "Manjit Singh versus National Insurance Co. Ltd.", vide which, while allowing the appeal, the order dated 17.10.2011, passed by the District Forum Gurdaspur in consumer complaint No. 515/2010, filed by the present respondent No. 1, was modified.

  2. The facts of the case are that the complainant/respondent No. 1 purchased Maruti Swift VDI car bearing registration No. PB06L0190 on 01.01.2010 from respondent No. 2/opposite party (OP-3) Vehicleades Private Limited Gurdaspur and obtained an insurance policy for the same from the petitioner/OP National Insurance Co. Ltd. for Insured Declared Value (IDV) of `4,81,534/-. The said vehicle met with an accident on 24.01.2010, while being driven by the father of the complainant, Jaswant Singh. An intimation about the accident was given to the insurance company who deputed a surveyor H.S. Bedi to conduct preliminary inspection of the vehicle and provide spot-survey report. Another surveyor M.L. Mehta and Co. was also appointed to conduct the final survey of the vehicle and for assessment of the loss due to accident. It is stated that the complainant took the vehicle to M/s. Alliance Auto Services and obtained a repair estimate dated 18.02.2010 for `5,60,653/- Thereafter, the vehicle was shifted to an authorised dealer M/s Pathankot Vehicleades Private Limited, respondent No. 3 for providing fresh estimate and conducting repairs. The said dealer provided estimate for repairs of `4,18,803.28ps. However, the surveyor M.L. Mehta & Co. made assessment of loss as `3,18,118.67ps. The consumer complaint has been filed by Manjit Singh complainant, alleging that the insurance company was not settling the claim intentionally, despite approaching them so many times. The complainant sought directions to the Insurance company to pay a sum of `4,81,553/- alongwith interest @18% p.a. or to hand over a new vehicle of same model and also to pay a penalty of `50,000/- to him.

  3. The complaint was resisted by the insurance company by filing a written statement before the District Forum, in which they stated that as per the terms and conditions of the policy, the claim was payable on cashless basis, under which...

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