Haryana

StateCommission

RP/16/2016

L.R.HYUNDAI - Complainant(s)

Versus

VIRENDER BANSAL - Opp.Party(s)

SUNIL POLIST

26 Apr 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          Revision Petition No  :  16 of 2016

Date of Institution       :          10.02.2016

Date of Decision         : 26.04.2016

 

 

M/s L.R. Automobiles (An authorized Hyundai Dealership), Kaithal & Jind, through its Sh. Rohit Kalra, General Manager.

                                      Petitioner-opposite party No.3

Versus

 

1.      Virender Bansal son of Sh. Sajjan Kumar, resident of Shop No.43, Anaj Mandi, Kalayat, Tehsil and District Kaithal or Chamber No.206, District Courts, Kaithal.

                                      Respondent-Complainant

 

2.      Branch Manager, Oriental Insurance Company Limited, Branch Office, Pehowa Chowk, Kaithal.

 

3.      Managing Director, The Oriental Insurance Company Limited, Oriental House Asaf Ali Road, New Delhi-110002.

Respondents No.2 & 3-Opposite Parties No.1 & 2

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:              Shri Krishan Kumar Miglani, Managing Partner and Mr. Varun Miglani, CEO in person with Shri Sunil Polist, Advocate.

                             Shri Virender Bansal, complainant-respondent in person.

                             Shri D.C. Kumar, Advocate for the respondents No.2 & 3

 

                                                   O R D E R

 

NAWAB SINGH J. (ORAL)

 

The instant revision petition has been filed by L.R. Automobiles-opposite party No.3 against the order dated February 01^st, 2016 passed by District Consumer Disputes Redressal Forum, Kaithal (for short ‘the District Forum’) in execution application filed by Virender Bansal-complainant whereby petitioner was directed to comply with the order dated September 02^nd, 2014 passed by this Commission and in case of default, compliance would be enforced under Section 27 of the Consumer Protection Act, 1986.

2.      Vide order dated September 02^nd, 2014 of this Commission, it was undertaken by the petitioner that the car would be repaired within one month from the date of receipt of the order and shall also not charge the parking charges from the complainant.

3.      Learned counsel for the petitioner has placed on record affidavit of Krishan Kumar Miglani, Managing Partner of M/s L.R. Automobiles and Motor Survey Report dated January 02^nd, 2016 of T.P. Singh and Company, Chartered Engineer, Insurance Surveyor, Loss Assessors and Income Tax Valuers, Karnal whereby they have stated that the car is beyond repair and it is a fit case of total loss. Though initially at the time of accident, the surveyor appointed by the Oriental Insurance Company Limited (for short, ‘Insurance Company’) assessed the loss at Rs.2,00,748.74.  The Insurance Company being approached again got the loss reassessed from its surveyor Vinod Kumar Wadhwa, who also recommended in his report dated January 02^nd, 2016 that the claim of the complainant may be settled on total loss basis.  Since the car is beyond repair, Insurance Company is directed to pay Rs.3,31,930/- (Insured Declared Value of the car) and Rs.50,000/- as compensation to the complainant within a period of thirty days from the date of receipt of this order.  The complainant shall execute the letter of subrogation, hand over the keys of the vehicle and transfer the Registration Certificate in the name of the Insurance Company and execute all other necessary documents required for the purpose.

4.      Disposed of accordingly.

                                                                            

Announced 26.04.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK