NEW INDIA ASSURANCE COMPANY LTD Vs. JASPAL SINGH

JUDGEMENT

(1.) The respondent in this revision petition was the complainant before the District Consumer Disputes Redressal Forum, Gurdaspur (in short, 'the District Forum'). He alleged deficiency in service on the part of the New India Assurance Company Limited, Branch Office Jalandhar (hereafter, 'the insurance company'), which was the opposite party before the District Forum. The complainant's case was that his car, insured with the opposite party/insurance company for Rs.96,000/- for the period 19.10.2002-18.10.2003, met with an accident on 31.05.2003. The accident was reported to the police and a claim was lodged with the insurance company for Rs.96,000/- on total loss basis. The insurance company appointed a spot surveyor as well as a final surveyor, both of whom pointed out that the car had been fitted with a kit for use of liquefied petroleum gas (LPG) as an alternative fuel. The car was registered with the registering authority as a petrol driven Maruti 800 vehicle, with no provision for dual fuel use. The Insurance Company, accordingly, repudiated the claim under its letter dated 25.11.2003 for violation of conditions of the policy.

(2.) Aggrieved by this, the complainant filed a consumer complaint with the District Forum.

(3.) On consideration of pleadings and evidence, the District Forum held that the complainant was entitled to indemnification of his loss and directed the Insurance Company to pay Rs.95,500/- along with interest @ 6% per annum from 25.11.2003 till payment, within one month from the date of return of salvage. The Insurance Company was also directed to pay cost of Rs.500/-.