MEENA JAMWAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 8.8.2013 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission') in Appeal No. 333/2013 Meena Jamwal Vs. The Oriental Ins. Co. Ltd. and Anr. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/petitioner got his car CH -03 -R -5909 insured from OP No.1/Respondent No.1 for a period of one year from 21.07.2011 to 20.07.2012. On 17.11.2011, car met with an accident and suffered damages. OP No. 2/Respondent No. 2 submitted estimate of Rs.48,825/ - and OP No. 1 was intimated. It was further submitted that complainant got her car repaired from OP No. 2 and paid Rs.48,825/ -. It was further submitted that OP No. 1 settled claim for Rs.10,088/ - and surveyor deducted depreciation @ 40% on metal items and 50% on rubber items and did not assess loss of remaining items. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 1 resisted complaint and submitted that as per surveyors assessment of loss, Rs.10,088/ - has been disbursed to the complainant in March, 2012 and no protest was made; hence, prayed for dismissal of complaint. OP No. 2 submitted that he did repairs and received payment in cash from complainant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) RESPONDENT No. 2 was deleted.