NCDRC

NCDRC

RP/2855/2009

UNITED INDIA INSURANCE CO. LTD. - Complainant(s)

Versus

M/S. BANSIWALA STEELS LTD. - Opp.Party(s)

MR. NAVDEEP SINGH

30 Mar 2010

ORDER

Date of Filing: 06 Aug 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2855/2009
(Against the Order dated 12/05/2009 in Appeal No. 1452/2004 of the State Commission Haryana)
1. UNITED INDIA INSURANCE CO. LTD.Scope Minar,Core-IV, First floor, Laxmi Nagar Commercial ComplexNew Delhi ...........Appellant(s)

Vs.
1. M/S. BANSIWALA STEELS LTD.Through its Director, Sh. Arun Ghai, II-J/40A, Lajpat NagarNew Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 30 Mar 2010
ORDER

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Challenge in this revision by the opposite party is to the order dated 12.5.2009 passed by Consumer Disputes Redressal Commission Haryana, Panchkula modifying the directions made in clause 1 of the District Forum’s order that the car in question will be got repaired in any authorised Maruti Service Station at Faridabad in the presence of the petitioner as well as Service Station Engineer. Copy of the report of surveyor placed on file would show that the loss was assessed on repaired basis at Rs.1,83,725/- and this amount was likely to increase by about - 2- Rs.5000/- further. The opposite party-Insurance Company has offered, to settle claim on total loss basis, an amount of Rs.1,15,000/- after deduction of the amount of Rs.1,60,000/- towards the salvage. The car had met with an accident on 6.2.21998 i.e. about 12 years ago. Pursuant to the order dated 3.9.3009, the petitioner company has deposited amount of Rs.1,90,000/-. Parties’ counsel agree that the revision petition may be disposed of by releasing deposited amount in favour of the respondent/complainant treating it to be a case of settlement on repair basis. Also considering the report of the surveyor, we are also of the view that the matter now deserves to be decided on repair basis. In view of this concession, the revision petition is, therefore, disposed of accordingly. Deposited amount of Rs.1,90,000/- will be released by the District Forum in favour of the respondent immediately. No order as to cost. …………………..………J (K.S. GUPTA) (PRESIDING MEMBER) …………………..………J (R.K. BATTA) (MEMBER) sg/1


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER