AAKUP KHAN Vs. RELIANCE GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner/Complainant against order dtd. 27/5/2015 passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (for short "the State Commission") in First Appeal No.925 of 2014, whereby the Appeal filed by Respondent/Opposite Party No. 1 was partly allowed.

(2.) The Case of the Complainant is that his Tata Truck LPT-2518 bearing registration No.RJ-02-GA-8564 was insured with Respondent No.1/Opposite Party No.1 vide Policy No.1501722334002359, valid from 26/6/2012 to 25/6/2013. On 2/3/2013 the truck met with an accident in Sherghati, District Gaya, Bihar. On 7/3/2013, the truck was towed by a crane, incurring charges of Rs.25,000.00. The Complainant promptly informed the insurance company about the accident, who appointed a Surveyor. The Surveyor asked the Complainant to take the vehicle to the service centre of Respondent No.2. Therefore, on 11/3/2013, the truck was taken to Respondent No.2 workshop for repairs, where it was determined that the chassis and cabin were irreparably damaged, necessitating replacement. It was alleged that the body repair of the truck was not done by the authorized service centre but unauthorized centre outside the authorized service centre. The Complainant incurred total amount of Rs.15.00 lakhs for repair of the truck. The Complainant filed insured claim with Opposite Party No.1/Insurance Company with a request to make final survey of the truck and make payment of the claim amount. Opposite Party No.1 neither made final survey nor paid the claim amount to the Complainant despite repeated requests, due to which the truck remained at the workshop of Respondent No.2 for 15 days. Alleging deficiency in service on the part of the Opposite Parties, the Complainant filed Consumer Complaint with the District Forum with the following prayer:-

(3.) The Complaint was resisted by the Opposite Party No.2 by filing the written statement. Opposite Parties No.1 and 3/Reliance General Insurance Company failed to file written statement within the stipulated period. The District Forum, therefore, closed the right of Opposite Parties No.1 and 3 to file written statement. Opposite Party No.2 stated that the Complaint was not maintainable qua them as no relief was sought against them.