VISHWA NATH PURI Vs. IFFCO TOKIO GENERAL INSURANCE

JUDGEMENT

(1.) This Revision Petition No.1090 of 2020 filed on 17.12.2020 challenges the impugned order of the State Commission, Delhi, dated 9.9.2020 in FA No.460 of 2016. Vide this order, the State Commission had dismissed the appeal filed against the order of District Forum-II, Qutub Institutional Area, in CC No. 31 of 2015. In turn, the District Forum had found that the petitioner/complainant had failed to prove any deficiency in service on the part of the respondent/OP- Iffco Tokio General Insurance Company Limited.

(2.) Very briefly, facts are that while the petitioner/complainant (complainant hereafter) was driving from Chandigarh to Delhi, his vehicle (DLC-12-C- 3182) was hit by a dog. Radiator and other parts were damaged. Upon filing an insurance claim under policy No.P4008573966 with the respondent-OP- insurance company (OP hereafter) on 7.6.2015, the same was settled by the OP for only Rs.12,995/-. This was against invoice No.1503631 dated 17.07.2015 for Rs.38,738/- and expenses in towing etc. of Rs. 18,620/-. Aggrieved, Complainant approached the OP, the Insurance Ombudsman vide letter dated 01.09.2015 as also the Chairman IRDA vide letter dated 10.12.2015 but in vain. He then filed a consumer complaint before the District Forum seeking direction to the OP to pay Rs.18,620/- with Rs.10,000/- towards punitive damages, mental agony etc. The complaint was resisted through a written version filed on behalf of the OP; however, the OP thereafter did not remain present when the complaint was finally heard and disposed off by the District Forum.

(3.) As noted earlier, the District Forum did not find any deficiency in service by the OP. It is apt to reproduce below the relevant portion of the order of the District Forum: