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Popular Hosiery Mills v/s New India Assurance Company Ltd. & Another

Company & Directors' Information:- J G HOSIERY PRIVATE LIMITED [Active] CIN = U18101TZ2001PTC009707

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- K D S HOSIERY PRIVATE LIMITED [Active] CIN = U18101PB2001FTC024327

Company & Directors' Information:- J M HOSIERY MILLS PRIVATE LIMITED [Active] CIN = U17299PB2000PTC023753

Company & Directors' Information:- R M H HOSIERY PRIVATE LIMITED [Active] CIN = U17125DL2007PTC167271

Company & Directors' Information:- P T M HOSIERY PVT LTD [Active] CIN = U52322WB1994PTC062394

Company & Directors' Information:- M G HOSIERY PRIVATE LIMITED [Active] CIN = U17124TZ2002PTC010195

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- J J HOSIERY MILLS PRIVATE LIMITED [Active] CIN = U45203WB2000PTC091570

Company & Directors' Information:- O K HOSIERY MILLS PVT LTD [Active] CIN = U99999DL1980PTC010979

Company & Directors' Information:- D D HOSIERY PVT LTD [Active] CIN = U18101WB1973PTC028694

Company & Directors' Information:- M. B. HOSIERY PRIVATE LIMITED [Active] CIN = U18101WB2008PTC125110

Company & Directors' Information:- R R HOSIERY PRIVATE LIMITED [Active] CIN = U18101MH1984PTC034394

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- POPULAR HOSIERY PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046082

Company & Directors' Information:- K K HOSIERY PRIVATE LIMITED [Active] CIN = U18204MH2014PTC251777

Company & Directors' Information:- B B HOSIERY PRIVATE LIMITED [Strike Off] CIN = U74999MH2015PTC267158

Company & Directors' Information:- M C S HOSIERY PRIVATE LIMITED [Strike Off] CIN = U51311WB2001PTC093781

Company & Directors' Information:- THE INDIA HOSIERY MILLS LTD [Strike Off] CIN = U17121WB1949PLC018383

Company & Directors' Information:- S P HOSIERY PVT LTD [Strike Off] CIN = U51311PB1985PTC006113

    Appeal No. A226 of 2004

    Decided On, 11 October 2007

    At, Delhi State Consumer Disputes Redressal Commission New Delhi

    By, MEMBER

    For the Appellant: V.K. Anand, Advocate. For the Respondents: None.

Judgment Text

J.D. Kapoor, President (Oral):

1. Appellant insured his car with the respondent against covering the risk of damage due to accident or theft. Admittedly, during the subsistence of the policy, the vehicle was attacked by several unknown persons who had tried hitting the vehicle with their car and in the process the vehicle was badly damaged as many as 20 bullets were fired. As per the estimate of the appellant the cost of the repair was Rs. 1,19,075 whereas the Surveyor has assessed the loss to the tune of Rs. 64,539. Consequently, the appellant filed the instant complaint before the District Forum for payment of the balance amount.

2. Vide impugned order dated 8.1.2004, the District Forum dismissed the complaint on the ground that no convincing evidence was produced by the appellant to show the actual repair was of Rs. 1,19,075 which seems to be exaggerated. Feeling aggrieved, the appellant has preferred this appeal.

3. The main premise on which the appellant raised his case is the report of the Surveyor in respect of the old tyres, old stereo and old seats having been replaced by new one. However, the Surveyor questioned the veracity of one of the bills for the amount of Rs. 31,849 pertaining to the replacement of front seats, rear seat and left seat.

4. As is apparent from the report of the respondent he deducted the aforesaid amount besides the cost of new stereo and new tyres. As regards the stereo, the Surveyor has reported that the stereo was found missing as it was alleged to have been taken away by the culprits.

5. In our view, the damaged item of any vehicle which becomes merely one year old suffers the depreciated value and there is no term of the contract between the parties that in respect of old and used part the Insurance Company shall be liable to indemnify the cost of brand new items keeping in view the nature of items namely the stereo, the tyres and the seats, we do not feel inclined to award 50% of the value of new parts assessed by the appellant i.e., lower down the balance claimed.

6. Bank Guarantee/FDR, if any furnished by the appellant, be returned forth

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with. 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. Appeal disposed of.