NCDRC

NCDRC

RP/156/2007

BSES RAJDHANI POWER LTD. (ERSTWHILE D.V.B.) - Complainant(s)

Versus

SAI INDUSTRIES AND ORS. - Opp.Party(s)

MS. SANJANA J. BALI

05 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 156 OF 2007
 
(Against the Order dated 20/09/2006 in Appeal No. 786/2006 of the State Commission Delhi)
1. BSES RAJDHANI POWER LTD. (ERSTWHILE D.V.B.)
SHAKTI BHAWAN NEHRU PLACE
NEW DELHI Q110018
-
...........Petitioner(s)
Versus 
1. SAI INDUSTRIES AND ORS.
F-13. UDYOG NAGAR ROHTAK ROAD
NEW DELHI
110041
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Sagar Saxena, Advocate
For the Respondent :MR. HARI NARYAN TAKKAR

Dated : 05 Sep 2011
ORDER

Complainant/petitioner got her Maruti car insured from respondent for a sum of Rs.60,000/-. The said car was stolen in the intervening night of 5/6.6.2006. Police ultimately traced the vehicle on 10.6.2003 but most of its parts were found either missing or damaged. Complainant got the cost of repair etc. assessed from Maruti Company Authorized Service & Spares Dealers at Industrial Town Mehatpur Una. As per its estimate costs of spares and repairs of vehicle working out to about Rs.38,500/-, whereas the Surveyors appointed by the respondent assessed the damage in the sum of Rs.10,164/- for repairs of the vehicle. Petitioner instead of getting the vehicle repaired, sold the same for a sum of Rs.15,000/- to one Shri Tara Singh. Since no amount was paid, petitioner filed a complaint before the District Forum seeking compensation of Rs.38,500/-. District Forum allowed the complaint and directed the petitioner to pay the sum of Rs.38,509/- to the petitioner alongwith interest @ 9% w.e.f. 29th September, 2004 till realization. Rs.2,000/- was awarded as cost. State Commission has reversed the order of the District Forum by observing that the contract of insurance is of indemnity. Since the petitioner did not spend the amount to get the car repaired, she was not entitled to be indemnified of the expenditure which was not incurred by her. We agree with the view taken by the State Commission. Contract of insurance is a contract of indemnity. The insurer is entitled to be indemnified of expenditure, which he incurs. Since in the present case the petitioner did not incur any expenditure or get the car repaired, she was not entitled to be indemnified. We do not find any infirmity in the order of the State Commission. Revision petition is dismissed with no order as to costs.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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