w w w . L a w y e r S e r v i c e s . i n



Shree Dhain Auto Transport Corporation Singhal Compound, Darjipura, Gujarat v/s United India Insurance Company Ltd. Chennai, Tamil Nadu


Company & Directors' Information:- UNITED INDIA INSURANCE COMPANY LIMITED [Active] CIN = U93090TN1938GOI000108

Company & Directors' Information:- SINGHAL CORPORATION LIMITED [Active] CIN = U74999DL1984PLC018468

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- D R D B AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032028

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U93000MH2014PTC258844

Company & Directors' Information:- J B UNITED PRIVATE LIMITED [Active] CIN = U74999MH2014PTC258844

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- P M C AUTO LIMITED [Strike Off] CIN = U34300DL1995PLC071849

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- AUTO TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210BR1987PTC002628

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- E N B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U34300PB1988PTC008040

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- UNITED TRANSPORT COMPANY LIMITED [Strike Off] CIN = U99999MH1945PLC010351

Company & Directors' Information:- CHENNAI INSURANCE COMPANY LIMITED [Strike Off] CIN = U67200TN2000PLC045622

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- E G AUTO PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1987PTC027016

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- GUJARAT CORPORATION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U51909GJ1948PTC000288

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- B. K. SINGHAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1980PTC011172

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- SINGHAL AND CO PVT LTD [Strike Off] CIN = U50101PB1981PTC004379

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- S B G AUTO PRIVATE LIMITED [Strike Off] CIN = U50101MH2006PTC158566

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- S. K. SINGHAL PVT. LTD. [Strike Off] CIN = U63022WB1979PTC032271

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- D K S AUTO PVT LTD [Strike Off] CIN = U34300DL2001PTC111465

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- INSURANCE OF INDIA LTD [Strike Off] CIN = U67200WB1936PLC008634

Company & Directors' Information:- UNITED CORPORATION LIMITED [Liquidated] CIN = U99999TN1942PLC003159

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

Company & Directors' Information:- THE UNITED TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PTC003054

Company & Directors' Information:- GUJARAT CORPORATION [INDIA] LIMITED [Not available for efiling] CIN = U99999MH1948PLC006153

Company & Directors' Information:- SHREE [Not available for efiling] CIN = U99999MH1951PLC009937

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    Revision Petition No. 2405 of 2013

    Decided On, 13 January 2021

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. C. VISWANATH
    By, PRESIDING MEMBER

    For the Petitioner: Hemant Gupta, Advocate. For the Respondent: Nanita Sharma, Advocate.



Judgment Text

1. The present Revision Petition has been filed by the Petitioners against order dated 15.03.2013 of the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (for short “the State Commission”) in First Appeal No.1364/2009 whereby Appeal filed by the Respondent was allowed.2. The case of the Complainant/Respondent is that he purchased Eicher vehicle from V.G. Automobiles, bearing Registration No.GJ 6 X 8858, Engine No.20575898, Chasis No.205013100, for an amount of Rs.5,55,000/-. Vehicle was insured with the Petitioner/Opposite Party from 22.05.2002 to 21.05.2003, vide Policy No.18100/02209/2002 dated 22.05.2002, for a sum of Rs.6,78,000/-. The vehicle met with an accident on 03.07.2002 at Bhilwara Road near Jharwala Village, and got badly damaged. The Complainant had consulted V.G. Automobiles, who had given an estimate of Rs.5,55,000/. On the basis of the said estimate, Complainant filed Insurance Claim with the Petitioner on 19.07.2002, claiming an amount of Rs.5,55,000/-. Petitioner/Opposite Party got the vehicle inspected and informed the Complainant that as per the Survey Report, labour charges for repair would be Rs.21,700/- alongwith Rs.1,61,611 towards replacement cost of parts with Rs.11,500/- deduction for salvage. Claiming deficiency in service on the part of the Opposite Party, the Complaint filed Complaint before the District Forum with the following prayer: -(1) The Hon’ble Forum may grant the following reliefs in favour of the Complainant:1. The amount of Rs.5,55,000/- being the damages caused to the vehicle business may be awarded with interest @ 18% per annum till the realization of claim amount.2. Rs.1,00,000/- may be awarded for mental torture and agony.3. The expenses of the complaint may be awarded.”3. The Complaint was contested by the Petitioner/Opposite Party by filing written statement. It was stated that that the Complaint was not maintainable. On merit, Opposite Party appointed a Surveyor and as per the Survey Report, the damaged vehicle was to be repaired requiring Rs.21,700/- for labour charges and Rs.1,61,611/- towards replacement of parts. As per the claim manual, when the damage to the vehicle is 75% or more, the claim can be considered on total loss basis.4. The District Forum after hearing the Learned Counsel for the Parties and perusing the record, allowed the Complaint in part and directed the Petitioner/Opposite Party as follows: -“The complaint is partly allowed. The opponents are directed to pay Rs.5,44,912.00 (rupees five lacs forty four thousand nine hundred twelve only) with 9% interest, from 23.8.2002 i.e. the date of report of Shri Mahendra R. Patel the opponent’s surveyor since the claim has not been repudiated till realization. The opponents are further directed to pay Rs.3,000.00 (rupees three thousand only) for mental agony and inconvenience and another sum of Rs.1,500.00 (rupees one thousand five hundred only) towards the cost of this proceedings. This award be complied with within one month from the d ate of receipt of copy hereof. On payment of the money awarded, the Complainant shall give the vehicle to the Opponent.”5. Aggrieved by the order of the District Forum, Petitioner/Opposite Party filed an Appeal before the State Commission. State Commission allowed the Appeal and set aside the order passed by the District Forum and granted compensation of Rs.1,61,611/- with 9% interest till realization. Further Rs.3,000/- for mental agony and inconvenience and Rs.1500/- towards cost of other expenses was also given. Against this order of the State Commission, the Petitioner/Complainant filed the present Revision Petition.6. Heard the learned Counsel for the Petitioner as well as the Respondent and carefully perused the record. Learned Counsel for the Petitioner submitted that the State Commission failed to appreciate that the Surveyor had submitted the report without dismantling the vehicle, and therefore, the said report could not be relied. Surveyor had also overlooked the estimate prepared by V.G. Automobiles, authorised dealer of Eicher vehicles. It was also submitted that the impugned order had been passed on conjectures and surmises, without application of judicial mind. Learned Counsel further submitted that the order passed by the State Commission was a non-speaking order, without any reasoning.7. Learned Counsel for the Respondent submitted that the impugned order passed by the State Commission was justified because the District Forum failed to take into consideration the Surveyor’s Report, which is an important document. It was submitted that there was no expert report of Automobile Engineer or any other expert which could bypass the Surveyor Report. She submitted that the Revision Petition is liable to be dismissed.8. Regarding maintainability, whether the Complainant can be said to be a consumer as defined in Section 2(1)(d) of the Consumer Protection Act or not, it has been held by this Commission in Harsolia Motors v. National Insurance Co. Ltd. I, (2005) CPJ 27 (NC) decided on 03.12.2004 that since an Insurance Policy is taken for reimbursement or for indemnity of the loss which may be suffered on account of insured perils, the services of the insurer cannot be said to have been hired or availed for a commercial purpose. This Commission does possess the requisite jurisdiction to entertain a Consumer Complaint wherever a defect or deficiency in the services rendered by an insurer is made out. In view of the above, the Complaint is held maintainable.9. It is an admitted fact that the vehicle met with an accident on 03.07.2012. The vehicle was a new one, only 2 months old. The only dispute in the matter relates to the quantum of loss. Surveyor appointed by the Insurance Company assessed the loss at Rs.1,61,611/- plus labour charges, whereas the claim filed by the Complainant was Rs.5,55,000/-, cost of repair of the vehicle estimated by M/s V.G. Automobiles, authorised dealer of Eicher. Though the Surveyor had mentioned about the estimate of repair submitted by M/s V.G. Automobiles, there is no discussion at all on this estimate. The Surveyor ought to have given reasons for disagreeing with the estimate. Moreover, in the Survey Report it is clearly mentioned that the assessment was carried out without dismantling the vehicle and there were chances of an additional estimate after di

Please Login To View The Full Judgment!

smantling the same. The District Forum observed ‘that the surveyor who is expert in branch of assessing damages is required to give reasons as to on what basis and for what reasons claim of the Complainant was not justified. In such absence, the Surveyor’s Report cannot be accepted.’ The District Forum therefore rightly allowed the Complaint. The State Commission, however, without going into the estimate, has gone by the Surveyor’s Report, which is very sketchy and shallow.10. In view of the foregoing discussion, the orders of the State Commission are set aside, upholding the orders of the District Forum. Respondent/Opposite Party is directed to comply with the orders within eight weeks from today.
O R