Delhi

North East

CC/327/2024

VINOD KUMAR PANDEY - Complainant(s)

Versus

THE ORIENTAL INSURANCE CO. LTD. - Opp.Party(s)

03 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 327/24

In the matter of:

 

	Sh. Vinod Kumar Pandey S/o Sh. Awadhesh Prasad Pandey R/o E 3/474, F/F, KH No. 632/220, St. No. 09, E Block, Near by Mata Mandir, Pusta IV, Sonia Vihar, Khajuri khas, North East, Delhi, Delhi-110090	Complainant
	Versus
1.             2.	The Oriental Insurance Co. ltd. Registered office at:- Oriental House, A 25/27, Asaf Ali Road, New Delhi-110002 & Corporate office Block 4, Plate A, NBCC Office Complex, Kidwai Nagar East, New Delhi-1100023   Eicher Motors Ltd. Office at:- Select Citywalk Mall, 3rd Floor, A 3, Saket District Centre, Saket, New Delhi-110017	Opposite Parties

 

ORDER

 

Anil Kumar Bamba, Member

Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

1. As per the complaint filed by the Complainant, the case of the Complainant is that he purchased a vehicle Eicher 2114 XP in the month of November 2022 vide registration no. DL1GE1796 and the insurance of said vehicle was valid upto 27.10.23. Thereafter Complainant need to renew insurance policy in market place which costs Rs. 47,000/- then eicher approached Complainant and told that if you renew your insurance from market place I cannot assure you for good service and assistance from my side whenever any requirement arises, they also told me that if your renew your insurance policy from eicher secure then you will get good service and without any hiccup. In view of quality service I renewed my insurance policy from eicher and it costs Rs. 60,541/- which is more than Rs. 13,541/- from market place. The eicher renewed the insurance policy from Oriental Insurance Co. Ltd. from 28.10.23 to 27.10.24. On 21.12.23 the said vehicle met with an accident.  The Complainant informed eicher secure and Opposite Party about accident and eicher secure appointed surveyor namely Mr. Fateh Pal Singh for spot survey. The said surveyor visited spot for survey and charged Rs. 2,785/- as survey fee and said that fee will be refunded when claim is settled. The Complainant stated that accident happened as one tyre of back side was fully damaged. Thereafter, eicher and Opposite Party told Complainant to bought tyre at his own expense and attach bill with the file and it will be refunded after settlement. Thereafter Complainant bought pair of tyres which costs Rs. 39,500/- than on 03.01.24 Complainant took the said vehicle at eicher service centre for repairing work and they took 2 to 3 days for repairing and gave back vehicle on 17.01.24 after delay of 14 days due to Opposite Party is not taking any action. The Opposite Party gave final settlement on 08.03.24 and gave Rs. 17,944/- but actual settlement was of Rs. 22,535/- (Rs. 19,750/- tyre cost + Rs. 2,785/- sport surveyor charge) and when Complainant asked about difference they did not give any satisfactory reply to Complainant.  The Complainant has prayed for Rs. 5,00,000/- in respect of EMI of Rs. 48,458/-, monthly income of Rs. 1,50,000/-, driver salary of Rs. 35,000/- and for other expenses to the Complainant regarding mental agony.
2.  The Hon’ble Supreme Court of India in the case of The Branch Manager, Indigo Airlines, Kolkata and Another vs. Kalpana Rani Debbarma and Others (2020) 9SCC 424) held that the initial onus or burden to justify, verify and authenticate the fact that there is a deficiency of service committed by a party is on the Complainant.
3. In the present case, Complainant did not file any document regarding the deficiency in service on behalf of Opposite Party. In view of the above discussion, the complaint is dismissed.
4. Order announced on 03.06.24.

Copy of this order be given to the Complainant free of cost.

                                               

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)