NCDRC

NCDRC

RP/3270/2012

RELIANCE GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

HARJEET SINGH & ANR. - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

23 Jan 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3270 OF 2012
 
(Against the Order dated 25/11/2011 in Appeal No. 1020&1250/2011 of the State Commission Haryana)
1. RELIANCE GENERAL INSURANCE CO. LTD.
Zonal Office,60 Okhla Industrial Area,,Phase-III
New Delhi
...........Petitioner(s)
Versus 
1. HARJEET SINGH & ANR.
S/o Late Shri Joginder Singh, R/o H.No-1440/89,Jawahar Nagar Camp,Palwal
Faridabad
Haryana
2. Galaxy Toyota
B-23 Okhla Industrial Area,Phase-I
New Delhi
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. K. L. Nandwani, Advocate
For the Respondent :
Mr. R. S. Sodhi, Advocate for respondent No. 1
Mr. Vipin Singhania, Advocate for respondent No. 2

Dated : 23 Jan 2013
ORDER

1.      Learned counsel for the parties present.    There is delay of 156 days in filing this revision petition.  Learned counsel for the petitioner has filed an application for condonation of delay.  He has taken plea of departmental and procedural delays.  The Apex court has held that such like grounds did not constitute sufficient cause.  However, we are inclined to condone the delay subject to certain conditions because the case of the petitioner appears to be a strong one on merits.

3.      In the interest of justice, we condone the delay reluctantly, subject to payment of costs of Rs. 25,000/-, which will be deposited with the Consumer Welfare Fund established by the Central Government under Section 12(3) read with Rule 10(a) of the Consumer Protection Act, 1986, of the Central Excise Act, 1944 within three months from today, failing which it will carry interest @9% per annum till its realization.  Learned Registrar of this Commission shall see compliance of the order under Section 25 of the Consumer Protection Act, 1986.

4.      Now, we advert to the merits of this case.  The Surveyor has assessed the loss of the vehicle in the sum of Rs.2,97,000/- whereas the complainant claimed compensation of Rs.7,57,000/-.  This is an admitted fact that the complainant purchased Toyota Innova Model

2007.   The accident took place on 17.11.2008.  The insurance policy was valid from 5.3.2008 to 4.3.2009 with cashless facility.  The respondent contended that he is entitled to compensation of Rs.7,57,000/- meaning thereby that he wanted the full amount of the car which was driven for more than a year.  The fora below ordered that he would get compensation of Rs.5,50,000/-.  No evidence was produced.  The car is yet to be repaired.  Learned counsel for the respondent No. 2-Galaxy Toyota, B-23, Okhla Industrial Area Phase-1, New Delhi submits that he has given an estimate wherein it was stated that repairs will entail a sum of Rs. 9 lakh.  There was delay in deciding the matter by the State Commission.

5.      Keeping in view all the facts and circumstances of the case, we modify the order and direct the petitioner to pay Rs.2,97,000/- with interest @10% per annum from the date of accident i.e. 17.11.2008 till the realization of the said amount.  The complainant is also granted litigation charges and compensation for mental agony.  Learned counsel for the petitioner submits that either the compensation or the interest should be paid.  We do not agree with him because the interest will go with the repairs.  In that event, who will care for the mental agony and harassment.  We, therefore, grant a sum of Rs.75,000/- on that count.

6.      The revision petition stands disposed of.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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