DHARAMBIR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Haryana (hereinafter referred to as the "State Commission") in Appeal No. 354/2015 dated 25.03.2016.

(2.) According to the Petitioner/Complainant, he was a registered owner of truck bearing registration No. HR-38/M-3536, which was insured with the Respondent/Opposite Party and policy was valid from 31.03.2012 to 30.03.2013 for Rs.3,85,000/-. The vehicle met with an accident and got totally damaged. The intimation regarding to the said incident was sent immediately to the insurer. The Surveyor was appointed and he directed the Petitioner to get the vehicle repaired. Thus, he spent Rs.1,98,477/- on repairs. The claim was submitted but Respondent failed to pay any amount. On 10.09.2013, the Petitioner sent a legal notice to the Respondent to pay the amount at 18% per annum but no reply was received from the Respondent's side. Thus, the Complaint was filed.

(3.) The Respondent contested the Complaint by filing Written Statement in which he has raised various preliminary objections such as the Complaint was not maintainable, has no jurisdiction, based on false and frivolous grounds, having false and fabricated bills of repairs. The Respondent submitted that the Engine number and Chassis number in the Registration Certificate, Insurance cover note and fitness certificate were different. Thus, the Respondent prayed for the dismissal of the Complaint with heavy costs.