CHHEDILAL PANDEY Vs. NEW INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This Revision Petition No. 54 of 2021 challenges the order of Chhattisgarh State Consumer Disputes Redressal Commission, Raipur ('State Commission') dtd. 11/11/2020, vide which, the State Commission dismissed FA No.180/2020 filed by the Petitioner/ Complainant and affirmed the District Consumer Disputes Redressal Forum, Durg ('District Forum') order dtd. 6/2/2020 in C.C. No.CC/17/561 where the Complaint was dismissed.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the complainant, are that the Complainant's son, late Dinesh Kumar Pandey, purchased a Maruti Swift Dezire VDI in May 2015 for personal use, financed through Opposite Party (OP) No. 2 (the Bank) with a loan of Rs.8,14,713..00 The Complainant obtained an insurance policy from OP-1 (Insurer) for a premium of Rs.25,074,.00 covering the vehicle's value at Rs.6,83,913,.00 valid from 14/5/2015, to 13/5/2016. The policy included a provision for zero depreciation for only the first two claims. In November 2015, the complainant's son died in a car accident, resulting in the vehicle's total destruction. An accident report was promptly filed, and the insurance claim was submitted to OP-1 with the expectation of a full claim settlement. OP-1 paid Rs.6,00,000.00 to OP-2, leaving a balance of Rs.83,993,.00 which the complainant had to cover personally. He also incurred additional expenses, such as vehicle transport costs and mental anguish. Being aggrieved he filed a Consumer Complaint before the District Forum seeking Rs.83,993.00 towards rest amount of insurance claim and Rs.10,000.00 towards cost of repairing the accidental vehicle and Rs.63,387.29 towards rest amount from OP-2 and Rs.50,000.00 towards mental agony and financial loss and cost of litigation and other reliefs.