S.B.I. General Insurance Company Limited, having their Branch at 1^stnd 

……Appellant/Opposite Party No.3

V e r s u s

1.Ghanshyam Garg son of Sh.Ved Parkash Garg, R/o House No.1263, Sector 56-A, Chandigarh.

....Respondent no.1/complainant

2.Mercedes-Benz India Pvt. Ltd. Registered Office at E-III, MIDC, Chakan, Phase-3, Chakan Industrial Area, Kuruli and Nighoja, Tal : Khed Pune – 410501 (Maharashtra) through their authorized dealer Joshi Auto Zones Pvt. Ltd., Plot No.84-85, Industrial Area, Phase-II, Chandigarh.(Service dispensed with, vide order dated 03.10.2013).

....Respondent no.2/Opposite Party No.2

3.Dealer Joshi Auto Zones Pvt. Ltd. Plot No.84-85, Industrial Area, Phase-II, Chandigarh (dealers for Mercedes-Benz Passenger Vehicles).(Service dispensed with, vide order dated 03.10.2013)

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

                   dispensed with,

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

“For the reasons recorded above, we find merit in the complaint and the same is allowed only against OP No.3. OP No.3 is directed :-

i     

ii    

The complaint fails against OPs No.1 and 2.

This order shall be complied with by OP No.3 within one month from the date of receipt of its certified copy, failing which, OP No.3 shall be liable to refund the above said awarded amount to the complainant along with interest @12% p.a. from the date of filing of the present complaint, till its realization, besides costs of litigation, as mentioned above.”

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3.            The said car was insured with the S.B.I. General Insurance Company Limited (Opposite Party No.3), vide “Certificate of Insurance-cum-Policy Schedule” ` Annexure C-5, for the period from 18.02.2012 to 17.02.2013, for the Insured Declared Value, to the tune of Rs.34,00,000/-, on payment of premium, to the tune of Rs.67,918/-.

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15.        of the Code of Civil Procedure, are not applicable to the proceedings, before the Consumer Fora, except those, specifically  mentioned under Section 13(4) of the Act. The proceedings before the Consumer Fora are summary, in nature. However, the complaint must contain the bare minimum facts, constituting the deficiency, in rendering service, or indulgence into unfair trade practice, on the part of a particular party, and only then, the evidence, in respect thereof, could be led. Even, in his affidavit, submitted by way of evidence, by Ghanshyam- complainant, he did not state even a single word, that

16.         (Opposite Party No.3) appointed Surveyor and Loss Assessor. Mr. Parvinder Kumar, Surveyor and Loss Assessor, in his report Annexure R-1, also came to the conclusion that the cracks, in the alloy wheels/rims, as also cuts in the tyres,   

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“During inspection we have found the two alloy wheel rims cracked along the inner collar and two tyres cut across the width. These tyres are the same which were fitted at the time of purchase of car. We are of the opinion that the cracks in the rims are not due to any external impact and the cuts in the tyres are due to normal running on different terrains. Moreover the workshop presented the rims and tyres in loose making it difficult to establish the facts stated by the insured and driver. Cracks in the wheel rims have been developed due to defective material and cuts in the tyre due to normal running which are not covered in the Insurance Policy. Therefore we recommend this claim as “no claim”.

18.         , when the inspection aforesaid, was made. Had any technical report been produced by the complainant, to rebut the observations, extracted above, made by the Surveyor and Loss Assessor, in his report Annexure R-1, the matter would have been different. 

“This is reference to the subject vehicle which reported to our workshop on 20^th

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Pronounced.

November 14, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg