Deepak Verma JUDGMENT
Deepak Verma, J.
1. Leave granted.
2. Insured is before us challenging the correctness, legality and propriety of the order passed by National Consumer Disputes Redressal Commission, New Delhi (in short 'National Commission') in Revision Petition No. 2899 of 2008 on 18.12.2008 titled M/s. United India Insurance Company Ltd. v. Rubi (Chandra) Dutta.
3. Facts lie in narrow compass:
Appellant is the owner of bus bearing Registration No. WB-57/6715. Appellant had taken an Insurance Policy Cover from Respondent Insurance Company with respect to the bus, for the period between 13.1.2003 to 12.1.2004 and had paid the insurance premium for the same, acknowledging which, the Respondent had issued the receipt in her favour. On the intervening night of 4/5.07.2003 on National Highway No. 34 while the said Bus was proceeding to Hilli from Puri, it dashed against a Neem tree and turned turtle. The bus was massively damaged on impact and then slid into a roadside ditch. Thus, not only the body of bus but its internal systems also suffered extensive damage. The passengers travelling therein were also injured.
4. F.I.R. was lodged with the local Police Station and after investigation, the police commenced a case bearing No. 226/2003 under various sections of Indian Penal Code. In the meanwhile, the Appellant had promptly informed the Respondent Insurance Company about the said accident and the consequent damage caused to the bus. Accordingly, she then requested for assessment of loss sustained including cost of repairs. The Respondent duly appointed Mr. Sujit Kumar Sarkar as Surveyor, who submitted his preliminary report on 21.07.2003 assessing the total loss at Rs. 2,90,000/-. Following the receipt of this report, the Respondent then appointed Mr. Surya Dutt to prepare a detailed Final Report dated 31.12.2003 and as per his investigation, the total amount of damages was computed to be Rs. 2,72,517.90/-.
5. According to Appellant, the amount assessed by both Surveyors was far less than the actual amount spent by her in getting the said bus roadworthy. According to her, she had spent a sum of Rs. 1,95,000/- simply for getting the body of the bus rebuilt by Hara Gouri Technical and Engineering Works. Thereafter, the mechanical parts were repaired after spending a further sum of Rs. 3,38,782/- by Bhandari Motors Pvt. Ltd., Sukchar. The Appellant submitted all the bills and receipts showing payments and requested Respondent to pay the total sum of Rs. 5,33,782/- but the Respondent failed to pay the said amount despite repeated demands. Respondent, in fact, repudiated the Appellant's Claim.
6. Thus, the Appellant was constrained to file a complaint under Section 12 of the Consumer Protection Act, 1986 (in short 'the Act') before District Consumer Disputes Redressal Forum, Berhampore, Murshidabad, being Consumer Protection Case No. 202/2005.
7. On notice being issued to the Respondent, it filed written statement denying all material allegations of the Appellant. It submitted that Appellant has claimed exorbitant amount towards cost of repairing and in fact no such payments were made to either of the two workshops. The receipts produced by Appellant have been fabricate........