Before the District Consumer Disputes Redressal Forum, Amritsar.
Complaint Case No.666/15
Date of institution : 17.11.2015
Date of decision : 1.2.2016
Manjinder Singh s/o Avtar Singh r/o 31-D, Akash Avenue, Fatehgarh Churian Road, Amritsar.
.............Complainant
Versus
Castle Toyota, ANR Motors Pvt.Ltd., Daburji G.T.Road, Near Bye Pass, Amritsar through its Branch Manager.
ICICI Lombard General Insurance Company Limited, B Block, Ranjit Avenue, Amritsar through its Branch Manager.
............Opposite parties
Complaint under the Consumer Protection Act,1986
....................
Present : Sh.Rajwinder Singh,Adv.counsel for the complainant
Sh.Kanwar Pahul Singh,Adv.counsel for the opposite party No.1
Sh.Amit Bhatia, Adv.counsel for the opposite party No.2
Written version filed by the counsel for the opposite party No.2. Complainant has also filed application that vehicle is in a repairable condition but the opposite party has refused to pay for the repair bill and insisting to declare the said vehicle in the category of total loss. Complainant submitted that he is suffering without vehicle. So, he be allowed to get the vehicle repaired from the authorized service centre and submit bill before this Forum/opposite party.
Opposite party filed reply to this application denying that vehicle is in a repairable condition rather in their reply, opposite party No.2 has submitted that the accidental vehicle falls in the category of total loss and in that capacity, complainant is to be paid by the opposite party No.2 as per terms and conditions of the policy. So, application is liable to be dismissed.
We have heard the ld.counsel for the parties and have minutely gone through the record.
Admittedly, vehicle of the complainant which is insured with the opposite party No.2 has met with an accident and has been badly damaged. Complainant has submitted that vehicle is repairable whereas opposite party No.2 wants to declare it in the category of total loss. But the opposite party No.2 has not yet produced any surveyor report to declare the vehicle of the complainant in the category of total loss. So, under such circumstances, no order can be passed by this Forum at this stage whether the vehicle is in the category of total loss or it is repairable. So, this Forum cannot pass any order allowing the complainant to get the vehicle repaired. However, the complainant is at liberty to get the vehicle repaired and submit the repair bill and thereafter, opposite party No.2 may consider whether it is a case of total loss or repairable. As the complaint is pre mature at this stage, so, in view of the above circumstance of the case, present complaint is disposed of with direction to the complainant to submit his claim, if he wanted to get the vehicle repaired, alongwith repair bill to the opposite party No.2 within one month from the date of receipt of copy of order and opposite party No.2 is directed to decide the claim case of the complainant holding whether the said vehicle is repairable or it is a case of total loss as per terms and conditions of the policy within one month from the date of receipt of claim bill alongwith necessary documents filed by the complainant with the opposite party. Keeping in view the peculiar circumstances of the case, parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
1.2.2016 President
Member Member
