BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. RAVI KUMAR
LAWS(UTRCDRC)-2012-2-1
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on February 06,2012

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Appellant
VERSUS
RAVI KUMAR Respondents


Referred Judgements :-

NEW INDIA ASSURANCE COMPANY LIMITED V. PRADEEP KUMAR [REFERRED TO]


JUDGEMENT

- (1.)18.4.2011. The said vehicle, met with an accident on 1.6.2010. Opposite Party No. 2, estimated the loss, in the sum of Rs. 1 lac. The complainant, intimated about the accident to Opposite Party No. 1, which deputed a surveyor, who assessed the loss at Rs. 8,296, ignoring the internal damage, against the estimate of loss prepared by Opposite Party No. 2. It was stated that thereafter the claim was lodged with Opposite Party No. 1, but it repudiated the same (claim), illegally. It was further stated that the aforesaid acts of Opposite Party No. 1, amounted to deficiency, in rendering service. When the grievance of the complainant was not redressed, leit with no alternative, a complaint under Section 12 of the Consumer Protection Act ,1966 (hereinafter to be called as the Act only), was filed. Mr. Justice Sham Sunder, President This appeal is directed against the order dated 6.7.2011, rendered by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it accepted the complaint, and directed Opposite Party No. l(now appellant), as under:
"As a result of the above discussion, this complaint is accepted and OP -1 is directed to pay Rs. 54,549 to the complainant along with interest @ 9% p.a. from the date of filing of the complaint till realization along with Rs. 2,500 as costs of litigation within one month from the date of receipt of the certified copy."

(2.)THE complaint against Opposite Party No. 2 was dismissed.
(3.)THE facts, in brief, are that the complainant purchased a new Hyundai I -10 Car, from Opposite Party No. 2, on 19.4.2010, and got the same insured, with Opposite Party No. 1, vide policy No. OG -11 -1201 -1801 - 00000509, for the period from 19.4.2010 to
Opposite Party No. 1, in its written version, admitted the factum, with regard to the issuance of insurance policy and involvement of the vehicle, in question, in the accident. It was stated that, on receipt of the information, regarding the accident, a Surveyor was appointed, who assessed the loss to the tune of Rs. 8,296.35. It was further stated that the complainant failed to submit the original bills of repairs, for the parts purchased. It was further stated that he also failed to produce the repaired vehicle, for re -inspection. It was further stated that, accordingly, the claim was legally and validly repudiated. It was denied, that Opposite Party No. 1, was in any way, deficient, in rendering service. The remaining averments, were denied, being wrong.



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