Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 71
Instituted on : 28.01.2022
Decided on : 02.04.2024
RajnarayanPanghal age 44 years, s/o Sh. HarkishanPanghal, R/o Flat no.1403, Tower-E, Suncity Heights, Sector-36 A, Rohtak-124001(Haryana).
……….………….Complainant.
Vs.
The New India Assurance Co. Ltd. Registered Office, New India Assurance Bldg., #87, M.G. Road, Fort, Mumbai-400001(Maharashtra) Through its Manager.
...........……Respondent/opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.DigvijayJakhar, Advocate for the complainant.
Sh.K.K.Luthra Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are thathis vehicle was insured with the opposite party and during the policy period it met with an accident and he spent an amount of Rs.29598/- on the repair of his vehicle but the said claim has not been paid by the opposite party despite his repeated requests. In written statement, opposite party has taken the plea that surveyor had assessed the loss of Rs.29452/- and after deducting the excess clauseRs.1000/- and salvage Rs.542/- an amount of Rs.28000/- has been paid to the complainant on dated 12.03.2022.
2. At the time of arguments ld. Counsel for the complainant made a statement that he got repaired his vehicle no.HR12APO220 and spent an amount of Rs.29598/- on the repair of this vehicle, which is placed on record as Ex.C6. Whereas opposite party has refunded the amount of Rs.28000/- on 12.03.2022. So the remaining amount alongwith harassment, compensation and litigation expenses be also got provided to the complainant from the opposite party.
3. We have perused the documents placed on record by both the parties. The complainant has spent an amount of Rs.29598/- on the repair of his vehicle which is proved from the bill Ex.C6 dated 13.12.2021. The present complaint has been filed by the complainant on 28.01.2022 and the amount of Rs.28000/- has been paid by the opposite party on 12.03.2022 only after filing the present complaint. The claim amount was not paid by the opposite party within time, due to which the complainant had to file present unwanted litigation and he might have suffered mental agony and harassment. Hence the complainant is entitled for the compensation on account of mental agony & harassment as well as litigation expenses. It is also observed that the complainant had spent an amount of Rs.29598/- whereas the opposite party has paid the amount of Rs.28000/- after deducting the amount of Rs.1000/- on account of excess clause and Rs.542/- on account of salvage, but the same has rightly beendeducted by the opposite party and the complainant is not entitled for the same.
4. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party pay a sum of Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service and Rs.4000/-(Rupees four thousand only) as litigation expensesto the complainant within one month from the date of decision.
5. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
02.04.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
……………………………….
Vijender Singh, Member
