JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay to the complainant Sum Rs. 702360/with interest as the cost of the vehicle.
2. The Op be directed to pay the complainant Rs.18100/ as the transportation charges of vehicle.
3. Cost of the litigation.

2. The Complainant has stated that he is the registered owner of a car no. UP 85 AU 0009 which was insured with the Op and the policy was valid from 28.10.2021 to 27.10.2022 on 25.3.2022. The complainant met with an accident when the car was struck behind by the truck near toll plaza Jewar and was totally damaged which was brought to the authorized dealer Mascut Toyata G.T. Road, Aligarh. On 26.4.2022 complainant submitted all the papers in response of the letter of the surveyor but the OP did not decide the claim. On 10.5.2022 Complainant served a legal notice on the Op to settle the claim. On 25.5.2022 it was found that the claim was repudiated. The car was insured for Rs.702360 and transportation charges were Rs.6100/. The dealer charged  rent for keeping the car at Rs.200/ per day.
3. Op stated in the WS that as per terms and condition of the policy the policy covered use of vehicle for any purpose other than a hire or reward. The surveyor  investigated the matter and found that the vehicle was used for commercial purpose. It was misrepresentation of facts besides the breach of limitation as to use of the vehicle. Complainant committed breach of policy condition and as such claim was liable to be rejected.
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant used the car for commercial purpose instead of personal use? If so, its effect.
7. Complainant has stated that he met with an accident on 25.3.2022 near Toll plaza  Jewar and the car was struck by the truck whereby car was totally damaged which was insured for the value of Rs702360/.Op rejected the claim on the ground of breach of policy condition regarding use of vehicle for commercial purpose instead of personal use. Op has placed reliance on the report of surveyor who concluded on the basis of statements of the witnesses that the car was used for commercial purpose at the time of accident. It is to be noted that the surveyor usually assesses the loss or damages caused to the car in accident and he is not an authority to decide the question of any breach of policy condition. Moreover surveyor is not independent authority and his report is not conclusive proof. The surveyor report is rebuttable. Complainant has deposed in his rejoinder affidavit that he had been using the car at the time of accident for private purpose and on that fateful day the driver was returning from Noida after dropping his parents. The driver had taken the car with his consent. Complainant has shown the probable use of the car which was personal use and not the commercial use. There is no cogent evidence  to disbelieve the deposition made by the complainant regarding use of the vehicle . Thus it is held that the complainant did not commit breach of policy condition and he is entitled for insured value  of the Car at Rs.702360 with interest
8.  The question formulated above is decided in favour of the complainat.
9. Keeping in view the facts of the present case, we hereby direct tthe Op to pay to the complainant  the insured  value of the car Rs. 702360/ with pendente lite and future interest at the rate  9 % per annum and Rs.5000/ as cost of litigation.
10. Op shall comply with the direction within a month failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.