BABU PAUL Vs. MANAGER, NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed u/s 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 30.11.2013, passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (hereinafter referred to as the State Commission) in appeal No. 388/2012, " Babu Paul v. Manager, National Insurance Company Ltd. ," vide which, the order dated 03.03.2012, passed by the District Forum Thrissur, in consumer complaint No. 663/2003, allowing a sum of 1,89,877/- to the complainant for the loss caused to his car in an accident, as per report of the surveyor, was upheld and the said appeal was ordered to be dismissed.

(2.) The facts of the case are that the petitioner/complainant Babu Paul is the owner of a Mercedes Benz Car bearing reg. No. KL8J 0250, which was insured with the respondent/OP National Insurance Company, vide policy No. 2000/6107863 for the period 09.03.2001 to 08.03.2002 for a sum assured of 15 lakh. The said car met with an accident on 08.06.2001, while being used for personal purpose. As per the complainant, he got the car repaired and made a claim for 8,30,625/- with the OP Insurance Company. However, alleging failure on their part to settle the claim, he filed the consumer complaint in question before the District Forum Thrissur, seeking directions to the OP Insurance Company to pay the claimed amount of 8,30,625/- along with interest and a compensation of 1 lakh with cost.

(3.) In their reply filed before the District Forum, the insurance company admitted that the car had met with an accident, but they denied that the car had been repaired as per the directions given by the insurance company. It was stated in the reply that the vehicle was got repaired at OTYS Automobiles Engineers Thrissur, while the spare parts for the repairs were purchased from Kakkassery Auto Agencies, Thrissur, worth 7,68,625.25/-. Since Kakkassery Auto Agencies, Thrissur were not the authorised dealers of the spares of the Mercedes Benz vehicles, the OP Insurance Company got suspicious about the genuineness of the bills and appointed an investigator to verify the claim made by the complainant. The investigator obtained copies of the bills from Kakkassery Auto Agencies, Thrissur from where, it was revealed that the said Firm had purchased the spare parts from M/s. Sangam Automobiles, M/s. R.K. Auto-parts and M/s. National Auto Corporation etc. The investigator reported that there were no firms in existence with the above mentioned names. Accordingly, the insurance company refused to entertain the claim, saying that the factum of purchase of spare parts through Kakkassery Auto Agencies, Thrissur had not been proved by valid bills of purchase. The OP Insurance Company stated in their reply that the complaint should be dismissed.