State Consumer Disputes Redressal Commission
Rajan Bharti vs United India Insurance Co. Ltd on 3 October, 2007
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 03-10-2007 Appeal No.A-2007/584 (Arising from the order dated 20-0-2007 passed by District Forum(North), Tis Hazari Courts, Delhi in Complaint Case No.383/2005) Rajan Bharti, Appellant 449, S.S. Dahiya Niwas, In person. Near Sant Nagar Bus Stand, De;lhi-84. Versus Regional Manager, Respondent United India Insurance Co. Ltd., R.O. 8th Floor, Kanchanjunga Building, 18, Barakhamba Road, New Delhi. CORAM : Justice J.D. Kapoor- President Ms. Rumnita Mittal - Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Vide impugned order dated 20-06-2006 passed by the District Forum the respondent has been directed to pay the balance amount and also to pay Rs. 2,000/- as compensation and Rs. 1,000/- as cost of litigation to the appellant.
2. Allegations of the appellant, in brief, are that he purchased a motorcycle and got it insured with the respondent. On 02-01-2004 an Ambassador car coming from opposite direction at Lucknow Road, Delhi, hit the motorcycle. FIR 6.2/1/2004 was lodged against the driver of the Ambassador causing loss and damages to the vehicle. He got the vehicle repaired from Bajaj Auto Ltd., Kiriti Nagar workshop. The accidental matter was reported within a month to the respondent who deputed Shri R.B. Singh, Surveyor to survey the vehicle and assess the loss. The Surveyor assessed their liability for Rs. 5131/-. The respondent instead of paying the entire amount assessed by the surveyor paid only Rs. 1,300/-.
3. The grievance of the appellant is that the District Forum is taking inordinately long time in forcing the respondent to comply with the order passed by the District Forum.
4. The grievance of the appellant can be remedied by directing the District Forum to ensure that the order dated 20th June 2006 passed by it is duly complied with in letter and spirit within one month from the date of receipt of this order.
5. Appeal is allowed and disposed of in aforesaid terms.
6. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
7. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
8. Announced on the 3rd October, 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj