Document Fragment View
Fragment Information
Showing contexts for: section 71 penal code in Niac Ltd. vs Sham Sunder on 28 July, 2015Matching Fragments
2. The complainant has filed the complaint under Section 12 of the Consumer Protection Act, 1986 (in short "Act") against the OPs on the averments that complainant purchased Tata Indica car bearing registration no.PB-01-0789 and has been plying it for self- employment exclusively for earning his livelihood. The complaint was pending before the District Forum, which was disposed of on 26.04.2011 with the direction to OPs to finalize the claim of the complainant within 30 days, from the date of receipt of copy of order. The complainant insured his above referred car with OPs on 26.03.2007 vide insurance policy no.360801/31/06/01/ 00007038, which was valid upto 25.03.2008. The OPs assured the complainant that they would pay all the damages to the complainant, if any loss occurred to the car of the complainant during the currency of the insurance policy. On 13.03.2008, the car of the complainant was taken on rent by Jagtar Singh R/o Village Saloh Tehsil and District Nawanshahr for dropping his son and daughter in law from Salob to Indira Gandhi International Air Port New Delhi. On 14.03.2008, on the way at Khanna to Samrala road at Bhati Dhaba, the said car was struck by a truck. FIR no.71 dated 14.03.2008 under section 279/337/427 of IPC was lodged at Police Station Sadar Khanna about this accident. The intimation was also given to the OPs and surveyor was appointed by the OPs for this purpose. The District Forum directed the OPs in the previous order to finalize the claim of the complainant within 30 days. The OPs have not given the damages to the complainant on the basis of the insurance policy. The complainant has, thus, filed the complaint directing the OPs to pay the amount of Rs.2,20,000/- as damages of the insured car occurred due to alleged accident alongwith interest @ 10% per annum, besides Rs.20,000/- as damages/compensation for deficiency in service.
4. The complainant tendered in evidence his affidavit Ex.C-1 alongwith documents Ex.C-1/A to Ex.C-1/G. As against it, the OPs tendered in evidence the affidavit Ex.R-1 alongwith documents Ex.R-2 to Ex.R-11. On conclusion of evidence and argument, the District Forum Shaheed Bhagat Singh Nagar accepted the complaint of the complainant. Dissatisfied with the above order, the OPs, now appellants have directed this appeal against the same.
5. We have heard the learned counsel for the parties and have also examined the record of the case. The affidavit of the complainant Sham Sunder Gagg is Ex.C-1 on the record in support of his averments. Order dated 26.04.2011 passed by the District Forum Shaheed Bhagat Singh Nagar in complaint no.08 of 2011 is Ex.C-1/A on the record to the effect that OPs were directed to finalize the claim of the complainant within 30 days. Copy of insurance policy is Ex.C-1/B on the record. Copy of registration certificate Ex.C-1/C of the said car in the name of complainant is on the record. Copy of FIR no.71 dated 14.03.2008 under section 279,337 and 427 of IPC is on the record. Copies of letters dated 10.05.2011, 17.05.2011 and 25.05.2011 from OPs to the complainant are Ex.C-1/E to Ex.C-1/G.