PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

CHANDIGARH
Mr. Inderjit kaushik , presiding member & Mr. Baldev Singh Sekhon,
Member
RELIANCE GENERAL INSURANCE COMPANY LTD.
Versus
AJIT SINGH SYAN
First appeal No. 1346 of 2011 Decided on 27.9.2012
Consumer Protection Act, 1986 Sections 2(1) (g) ,2 (1) ,14(1)((d), 15
Insurance Accidents CLAim- Non payment nof premium allegedClaim repudiated- Deficiency in service- Unfair trade practice- District
Forum allowed Complaint- Hence appeal Premium has been paid to
agent of appellants and has further deposited same in the account of
sales manager , who is also employee of appellants- It was duty of
appellant Nos.2 and 3to issue the policy after receiving premium and
to bring to the notice of respondent the terms and conditions of
policy-Impugned orders upheld-repudiation not justified.
Result: Appeal dismissed.
Counsel for the parties:
For the appellants: Ms Jaimini Tiwari proxy for Mr.Rajneesh malhotra,
Advocates.
For the Respondent: Mr. R.S. Athwal , advocate.
ORDER
Mr. Inderjit kaushik , presiding Member Reliance Insurance company
General limited and others , appellants have filed this appeal against the
order dates 15.7.2011 passes by the learned district consumer Disputes
redressal forum, Shaheed Bhagat Singh Nagar .

ISSUES
Premium has been paid to agent of Reliance General Insurance Co. Ltd &
has further deposited same in the A/c of Sales manager, who is employee
of the company. It was duty of the Co. to issue the policy after receiving
premium and to bring to the notice of Ajit Singh Syan the terms and
conditions of the Policy. Impugned orders upheld. Repudiation by the Co.
not justified. Reliance general Insurance Co. filed this appeal against the
order passed by the District court.
Facts in brief :
He is owner of car bearing registration no. PB -32B-0123, Make Fiat Palio,
Model 2008, engine No. 2739004.
He got insured through its agent Sh. Sunil kumar.
The said agent represented the appellants & after completing the
formalities, received a sum of Rs. 10,641 as premium & issued the cover
note for on behalf of reliance General Insurance Co. effective from
3.11.2009 to 2.11.20110
The amount premium paid by Ajit Singh stood duly created in the A/c of
sales manager of reliance Co. with the ICICI Bank.
On merits, it was admitted that the vehicle was insured with appellant no.3.
It was also admitted that the appellant no.3 deputed its surveyor to
investigate the case and to assess the loss of the damage caused to the
vehicle in accident. Sh. Vikas Gupta, surveyor of appellants no.2 & 3
assessed the loss to the tune of Rs.1, 49,500/-. Similar other pleas as
raised in preliminary objections were repeated and denying allegations of
the compliant, it was prayed that the complaint may be dismissed.
The car in question met with an accident on 15.05.2010 and was damaged.
Due intimation was given to the appellants by the workshop In-charge of
Dada Motors Pvt. Ltd. , G.T. Road, West, Jalandhar Bye Pass, Ludhiana
and claim was lodged and claim no.2101122203 was registered by the
appellants and the said number was communicated to the workshop

In-charge and surveyor of the appellants inspected the vehicle and

obtained copies of the insurance certificate, registration certificate as well
as driving licence of Gursharanjit Singh Syan son of the respondent, who
was driving the vehicle when it met with accident. The appellants intimated
to repair the car. Dada Motors Pvt. Ltd. G.T. Road, West, Ludhiana
submitted the estimate of value of spares and repairs of the car to the tune
of Rs.2,34,820/- and the car was repaired and was brought to roadworthy
condition. The investigator of the appellant also verified the genuineness of
the driving licence from the District Transport Authority, Nawanshahr.
Judgement
In view of above discussion, the appeal filed by the appellants is dismissed
with costs of Rs.5, 000/- (Rupees Five Thousand) and the impugned order
under appeal dated 15.07.2011 passed by the District Forum is affirmed
and upheld.
The appellants had deposited an amount of Rs.25,000/- with this
Commission at the time of filing of the appeal and another sum of
Rs.1,24,500/- vide receipt dated 23.11.2011 in compliance of the order
dated November 3, 2011 passed by this Commission. Both these amounts
with interest accrued thereon, if any, be remitted by the registry to the
respondent/complainant by way of a crossed cheque/demand draft after
the expiry of 45 days under intimation to the learned District Forum and to
the appellants.