NEW INDIA ASSURANCE CO LTD Vs. PARAMJIT SINGH

JUDGEMENT

(1.) It is an appeal against the order dated 12.12.2000 of the District Consumer Disputes Redressal Forum, Jalandhar.

(2.) Brief facts stated in the complaint are that the respondent No.1-complainant (hereinafter called the complainant) was the owner of a jeep. Earlier the said vehicle was financed and was hypothecated by respondent No.2 (opposite party No.1 before the District Forum) (hereinafter called opposite party No.1 ). The complainant had paid the entire loan amount to the Bank-opposite party No.1 and nothing remained due to him qua loan amount. The said vehicle was insured with the appellant (opposite party No.2 before the District Forum) (hereinafter called opposite party No.2) and had paid the premium for the same. The said policy covered the entire risk of the vehicle. On 11.8.1999 the said vehicle met with an accident, which caused serious damage to the vehicle. The vehicle was driven by the complainant who was the holder of a valid driving licence. The complainant immediately after the accident lodged the claim to opposite party No.2, who appointed the Surveyor. The Surveyor estimated the loss to the tune of Rs.92,952/-. But later on opposite party No.2 had reduced the loss without assigning any reason. This was the deficiency in service on the part of the opposite party No.2, according to the complainant. A prayer was made in the complaint that the complainant may be granted compensation to the tune of Rs.92,952/- as per the survey report and Rs.20,000/- for harassment, agony and Rs.11,000/- as litigation expenses along with interest at the rate of 24% per annum.

(3.) In the written reply filed by opposite party No.1, they have stated that they had no role to play in this complaint as the complainant did not owe any amount towards them and the dispute was between the complainant and opposite party No.2.