REKHA SHARMA Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The present Revision Petitions have been filed under Sec. 21(b) of the Consumer Protection Act, 1986, challenging the Impugned Order dtd. 15/5/2017 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred to as State Commission) in Appeal Nos. 614 and 615 of 2013, whereby the State Commission by setting aside the Order dtd. 22/5/2013 passed by District Consumer Disputes Redressal Forum, Bhilwara (for short "the District Forum") dismissing the Complaint Nos. 163 and 164 / 2012 filed by the Complainant, allowed the Appeals filed by the Complainant by directing the Opposite Party Oriental Insurance Company Limited (hereinafter referred to as the Respondent Insurance Company) to pay the loss assessed by the Surveyor to Complainant within 30 days.

(2.) Brief facts of the case as mentioned in Complaint No. 163 / 2012 are that the Complainant obtained GCCV Public Carriers Other than Three Wheelers Package Policy No. 242400/31/2011/5618 for Vehicle bearing Registration No. RJ-06-GB-2781 from the Respondent Insurance Company for IDV value of ?20,00,000/-. During the currency of the Policy, vehicle met with an accident. Insurance Company was informed, who appointed spot surveyor. According to the directions of the Respondent Insurance Company the vehicle was taken for repairs to Mumal Motors. The Complainant paid a sum of ?6,14,025/- towards repair of the Vehicle. Bill was submitted to the Respondent Insurance Company for reimbursement of the Claim. Although the Surveyor appointed by the Respondent Insurance Company assessed the loss at ?3,92,205/- yet the Respondent Insurance Company did not settle the claim. Being aggrieved Complainant filed Complaint No. 163/2012 before the District Forum.

(3.) In Complaint No. 164 / 2012, the Complainant obtained GCCV Public Carriers Other than Three Wheelers Package Policy No. 242400/31/2011/7030 for vehicle bearing registration No. RJ-06-GA-3661 from the Respondent Insurance Company for IDV value of ?13,00,000/-. During the currency of the Policy, vehicle met with an accident. Insurance Company was informed, who appointed Spot Surveyor. According to the directions of the Respondent Insurance Company the vehicle was taken for repairs to Lotus India Auto Services. The Complainant incurred an expenditure of ?5,48,007/- towards repairing and crane service etc. Bills were submitted to the Respondent Insurance Company for reimbursement of the claim. Although the Surveyor appointed by the Respondent Insurance Company assessed the loss at ?4,90,149/- yet the Respondent Insurance Company did not settle the claim on the ground that the driving licence of the Driver provided by the Complainant was fake one. Feeling aggrieved the Complainant filed Complaint No. 164/2012 before the District Forum.