NATIONAL INSURANCE CO. LTD. Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present revision has been filed under Section 21 (b) of the Consumer Protection Act, 1986, wherein the petitioner seeks to assail the order dated 28.10.2009 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred to as "the State Commission) in First Appeal No.2967 of 2007. By way of the impugned order, the appeal preferred against the order dated 04.09.2007 passed by District Consumer Disputes Redressal Forum, Panipat (hereinafter referred to as "the District Forum") in complaint No. 461of 2006 has been dismissed and the order of the District Forum was upheld.

(2.) Briefly put, the facts relevant for the disposal of the present revision petition are that the complainant was the registered owner of a vehicle bearing registration No. HR-67-1882. The said vehicle was insured with the opposite party w.e.f. 22.09.2005 to 21.09.2006. On 03.11.2005, the said vehicle met with an accident, consequently, the vehicle was badly damaged. FIR was registered and the opposite party was duly informed. A surveyor was deputed by the opposite party. Meanwhile, the complainant furnished bills totalling Rs.1,78,000/- incurred for undertaking repairs, however, the claim was not settled despite repeated requests made by him. Aggrieved, the complainant was constrained to file a consumer complaint before the District Forum.

(3.) Upon service of notice, the opposite parties contested the claim of the complainant on the ground that the surveyor vide letters dated 06.01.2006 and 25.01.2006 asked the complainant to submit the original Driving License, Registration Certificate, Route permit and copy of the FIR for settling the claim but the complainant failed to submit the above stated documents. The District Forum vide order dated 04.09.2007 ordered as follows:-