AKASH GOYAL Vs. BHARTI AXA GEN.INSURANCE CO.

JUDGEMENT

(1.) Naresh Katyal, Judicial Member - Delay of 93 days in filing of present appeal stands condoned, for the reasons stated in the application for condonation of delay.

(2.) Vide order dtd. 26/4/2017 complainant-Akash Goyal has been non-suited by District Consumer Disputes Redressal Forum, Panipat (In short 'District Commission') as his complaint case No.64 of 2015 has been dismissed. Legality to this order (26/4/2017) has been questioned by complainant in present appeal.

(3.) Factual matrix is that: as per complainant's case, his father purchased vehicle make NISSAN TERRANO bearing No. HR-42C-0927, vide invoice No. SMPL13000140 dtd. 11/11/2013. Invoice Ex.C-1 is in the name of 'M/s Spine Comfort Products India'. It is pleaded that purchased vehicle was for personal use with insurance policy No. S9005847. Vehicle met with accident on 7/11/2014. Complainant's father died in that accident and driver suffered injuries. Criminal case through FIR No.429 of 2014 u/s 279/337/304-A/427 IPC dtd. 7/11/2014 was registered at P.S. Sidhawali Ahir, Bhagpat (U.P.). After accident relative of complainant approached OP No.3 for repairing of vehicle, whose representatives showed their inability to repair and referred complainant and his car at Malwa Carezone Pvt. Ltd. NH-1, 31 KM stone, GT Road, Kundli, Sonepat. When vehicle was taken at that workshop, they (workshop) prepared estimate of Rs.7,75,030.00 and thereafter refused to do repair, as vehicle was not covered under insurance policy on the date of accident. As per plea, complainant was shocked to see that vehicle was purchased on 11/11/2013 and insurance policy was issued for period from 7/11/2013 to 6/11/2014, which was not possible and it clearly shows negligence on the part of the OP No.1. It is pleaded that representative of Malwa Nissan Kundli charged Rs.10,000.00 on behalf of OP No.3 vide receipt No.3642 dtd. 18/11/2014 and further told that they will charge Rs.500.00 per day. It is also pleaded that due to default in airbags of vehicle, death resulted in the accident. There is deficiency in services on the part of OP No.2 and 3.