MOHAN LAL MEENA Vs. UNITED INDIA INSURANCE COMPANY LTD
LAWS(NCD)-2021-1-39
NCDRC
Decided on January 27,2021

Mohan Lal Meena Appellant
VERSUS
UNITED INDIA INSURANCE COMPANY LTD Respondents

JUDGEMENT

ANUP K.THAKUR,J. - (1.) Heard learned counsel for the petitioner / complainant. This revision petition challenges the order dated 07.8.2020 of the State Commission, Jaipur, Rajasthan vide which the appeal against the order of the District Forum, Jaipur dated 11.2.2020, had been dismissed. In turn, the District Forum had also, vide its order dated 11.2.2020, dismissed the consumer complaint.
(2.) Very briefly, the facts are that the petitioner / complainant had taken an insurance policy for his car RJ 14 CC 3823, from the respondent insurance company, for the period 09.10.2011 to 08.10.2012. On 01.10.2012, the car suffered an accident and was taken for repairs to Respondent No.2- M/s. P.L. Hyundai, Jaipur. The complainant paid the bill raised for repairs of Rs.1,51,905/- through cheque No.023532 dated 12.12.2012 on ICICI Bank and thereafter, filed an insurance claim before the Respondent No.1/OP-1-United India Insurance Company Limited. Opposite Party No.1, however, reimbursed an amount of Rs.84,400/- only to the complainant. As the complainant had spent Rs.1,51,905/-, he filed a consumer complaint before the District Forum, seeking the balance amount from OP-1/.
(3.) The District Forum reasoned that after a final payment based on the surveyor's report has been made by the insurance company and the same has also been received, without any protest at that time, it could not be said that there was any deficiency in service on the part of the insurance company. The Forum had relied on the principle enunciated in two decisions: (i) the case of the National Insurance Company Limited Vs. Kuka Rice and General Mills , 2008 1 CPJ 338 (Haryana Commission) and (ii) Shiv Vilas Resorts Private Limited Vs. United Insurance Company Limited and Anr.,2012 1 CPJ 184 (NC) for arriving at its decision.;


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