Haryana

StateCommission

A/778/2016

SANJEET KUMAR JHA - Complainant(s)

Versus

FUTURE GENERALI INDIA INSURANCE CO. - Opp.Party(s)

J.S.HOODA

15 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :    778 of 2016

Date of Institution:    26.08.2016

Date of Decision :    15.09.2016

 

Sanjeet Kumar Jha s/o Sh. Ram Sagun Jha, Resident of House No.76, Bhatta Colony, Surya Vihar, Sanjay Colony, Village Sehatpur, Faridabad.

                                      Appellant-Complainant

Versus

1.      M/s Future Generali Insurance Company Limited, 303-310, 3^rd Floor, Kailash Building, 26 KG Marg, Connaught Palace, New Delhi through its Divisional Manager.

2.      M/s Sanjay Automotive, Old Delhi Road, Sector 17-18 T Point, near Notting Hills Farm House, Gurgaon, through its authorised signatory.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                                                                               

Present:               Shri J.S. Hooda, Advocate for appellant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

         This complainant’s appeal is directed against the dated July 25^th, 2016, passed by District Consumer Disputes Redressal Forum, Faridabad (for short District Forum), seeking a substantial enhancement of the relief granted.

2.                A three wheeler bearing registration No.HR-38A-6368, owned by Sanjeet Kumar Jha-complainant/appellant, was insured with Future Generali Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party/respondent No.1, for the period December 22^nd, 2011 to December 21^st, 2012. The Insured Declared Value (IDV) of the vehicle was Rs.1,45,000/-.

3.                On August 28^th, 2012 the vehicle met with an accident and was damaged. The surveyor of the Insurance Company inspected the vehicle and assessed the loss at Rs.27,715/-. The complainant alleged to have suffered loss worth Rs.76,692/- as per the estimate obtained from M/s Sanjay Automotive-respondent No.2. The complainant filed claim with the Insurance Company but it did not pay the amount. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

4.                The District Forum, vide impugned order allowed complaint and directed the Insurance Company to pay Rs.50,000/- alongwith interest at the rate of 9% per annum from the date of filing of complaint till its realisation and Rs.11,000/- for harassment etc.

5.                Learned counsel for the appellant-complainant has urged that the vehicle was extensively damaged, so the complainant be awarded compensation as per the estimate given by M/s Sanjay Automotive-respondent No.2.

6.                The contention raised is not tenable. The complainant has not examined the proprietor of M/s Sanjay Automotive, from where the estimate was obtained. It is not the case of the complainant that the amount so claimed, was spent by him on the repair of the vehicle. So, mere estimate cannot be taken into consideration without any supporting evidence.

7.                In view of the above, the amount awarded to the complainant is just, reasonable and there is no scope for enhancement of compensation. No case for interference is made out.

8.                Hence, the appeal is dismissed.

 

 

 

Announced 15.09.2016

Urvashi Agnihotri Member

Nawab Singh President

CL