Haryana

Kurukshetra

CC/164/2023

Pawan Manuja S/o Sher Chand - Complainant(s)

Versus

ICICI Lombard Gen Ins - Opp.Party(s)

K.K.Gupta

23 May 2024

ORDER

DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, KURUKSHETRA

 

                                                Complaint No. 164 of 2023

Date of institution: 15.06.2023

                                Date of decision: 23.05.2024

 

 

Pawan Manuja son of Shri Sher Chand resident of H.No. 3402, Sector 37-D, Chandigarh.                                                                                      

                                                                        ...Complainant

                                           Versus

 

1.     ICICI Lombard General Insurance Company Ltd, 4^th Floor, The Statement, Plot No. 149 Industrial Area, next to Hometel Hotel Chandigarh-160002.

2.     Shri Mohan Rawat (Customer Service Manager) ICICI Lombard General Insurance Company ltd, 4^th Floor, The Statement, Plot No. 149, Industrial Area, next to Hometel Hotel Chandigarh-160002.

3.     Shri Kiran Kumar empanelled surveyor Loss Assessor and Valuer SCO No.179-180 Top Floor, Sector 17-C, Chandigarh. Mobile 98141-22719.

4.     Sudhanshu Gulati (Senior Claims Manager), ICICI Lombard General Insurance Company Ltd. 12thFloor, Tower-D Global Business Park Mehrauli, Gurgaon Road, Gurugram, Haryana 122002.  Mobile No. 94630-05061.

…Opposite Parties                                     

Complaint under Section 35 of Consumer Protection Act 2019.

 

                

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Gaurav Gupta, Advocate for the OPs.

OPs No. 2 & 3 ex parte.

 

• :     

 

                          Briefly stated, it is the case of the complainant that he had got insured his vehicle bearing registration No.PB-65AE-5442 vide policy Endst. No. 3001/233395410  w.e.f. 29.11.2021 to  midnight of 28.11.2022. The complainant further averred that on 23.11.2022, the aforesaid vehicle had occurred with an accident and in this regard, complainant got registered the complaint vide DDR No.22 dated 24.11.2022 in P.S. Sadar Thanesar, District Kurukshetra.  The complainant also intimated the said occurrence to the OP No.1 and sent his vehicle through two trucks from Kurukshetra to IJM Punjab Motors Automotive Pvt. Ltd. C-19, Industrial Area, Phase-I, near New Mohali Bus St and, Mohali, Punjab. It is also averred by the complainant that the OP No.1 sent OP No.3 i.e. Surveyor to visit and inspection of the said vehicle.  The complainant provided all the required documents to the OPs.  After that, the complainant requested several times to the OPs No. 2 & 3 regarding the claim status, but they Ops lingering on the matter from one pretext or the other.  The complainant sent E-mail to the OPs many times, but it did not any fruitful result.  At last, on 24.02.2022, the OP No.1 issued a letter vide reference No.240223855653 wherein stating that the Ops are ready to settle the claim on a Replacement Basis, however, neither they replaced the vehicle nor settle any claim.  The complainant further averred that complainant sent Legal Notice dated18.042023 to the OPs, but it did not any fruitful result. 

2.             Upon notice to Ops No. 2 & 3, they did not appear before the Court and had proceeded ex parte vide order dated 12.09.2023.

3.             Shri Gaurav Gupta, Advocate for the OPs No. 1 & 4 appeared and filed their joint written statement. In their written statement, while taking the preliminary objections with respect to Pre-mature, mis-joinder, jurisdiction controverted all the material assertion of the complainant and contended specifically by pleading  inter-alia that till date, complainant has not provided requisitioned mandatory documents to the OPs No. 1 & 4 for processing the claim of the complainant, as per terms and conditions of the policy.  After receiving intimation regarding the loss, Ops company appointed an IRDA approved licensed survey for survey and loss assessment and thereafter requested the complainant to provide documents.  Company also sent letter dated 24.02.2023 in this regard.  Thereafter, it is specifically intimated to complainant that Ops company is ready for settlement in case on IDV basis i.e. Rs.17,17,428/-after submission of cancellation of registration certificate and salvage (Damaged car) to Ops company.  However, neither complainant has applied for cancellation of Registration certificate as well as nor offered for salvage.

4.             In support of his case, the  counsel of the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C11 and closed evidence on 01.03.2024.  On the other hand, the Ops No. 1 & 4 tendered in evidence affidavit Ex.RW1/A  and closed evidence on 06.05.2024.                                                                                                            

5.             We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.  

6.             Shri Karan Gaba, counsel of the complainant argued that complainant had got insured his vehicle bearing registration No.PB-65AE-5442 vide policy Endst. No. 3001/233395410 w.e.f. 29.11.2021 to midnight of 28.11.2022. The counsel of the complainant further argued that on 23.11.2022, the aforesaid vehicle had occurred with an accident and in this regard, complainant got registered the complaint vide DDR No.22 dated 24.11.2022 in P.S. Sadar Thansar, District Kurukshetra.  The complainant also intimated the said occurrence to the OP No.1 and sent his vehicle through two truck from Kurukshetra to IJM Punjab Motors Automotive Pvt. Ltd. C-19, Industrial Area, Phase-I, near New Mohali Bus St and, Mohali, Punjab. It is also argued by the counsel of the complainant that the OP No.1 sent OP No.3 i.e. Surveyor to visit and inspection of the said vehicle.  The complainant provided all the required documents to the OPs.  After that, the complainant requested several times to the OPs No. 2 & 3 regarding the claim status, but they Ops lingering on the matter from one pretext or the other.  The complainant sent E-mail to the OPs many times, but it did not any fruitful result.  At last, on 24.02.2022, the OP No.1 issued a letter vide reference No.240223855653 wherein stating that the Ops are ready to settle the claim on a Replacement Basis, however, neither they replaced the vehicle nor settle any claim.  Shri Karan  Gaba, counsel of the complainant further argued that the total payment of Rs.30 Lakh which includes value of the insured vehicle i.e. Rs.17,17,428/- as mentioned in the IDV of the Insurance Policy, Insurance Premium, Towing Truck Expense from Kurukshetra to Mohali, Parking expenses of Vehicle.

7.             Shri Gaurav Gupta, Advocate for the OPs No. 1 & 4 have argued that till date complainant has not provided requisitioned mandatory documents to the Ops No. 1 & 4 for processing the claim of the complainant, as per terms and conditions of the policy.  After receiving intimation regarding the loss, OPs Company appointed an IRDA approved licensed survey for survey and loss assessment and thereafter requested the complainant to provide documents.  Company also sent letter dated 24.02.2023 in this regard.  Thereafter, it is specifically intimated to complainant that Ops company is ready for settlement in case on IDV basis i.e. 17,17,428/- after submission of cancellation of registration certificate and salvage (damaged car) to Oops company  Till date, complainant has not applied for cancellation of registration certificate as well as not offered for salvage.  Shri Gaurav Gupta, Advocate for the Ops No. 1 & 4 also argued that OPs No. 1 & 4 are ready to pay Rs. 17,17,428/- on IDV Basis after submission of cancellation of registration certificate and salvage (damaged car of OPs company).  Shri Gaurav Gupta has further prayed that complainant should not remove any article or item from the aforesaid car and should be directed to hand over the car as it is standing in his premises. 

8.             In view of the aforesaid discussions, OP No. 1 & 4 are directed to pay Rs.17,17,428/- along with 9% penal interest within 45 days  from today i.e. mentioned in the IDV of Insurance policy, Insurance Premium, towing Truck Expense from Kurukshetra to Mohali, Parking expenses of Vehicles after submission of cancellation of R.C.  The complainant is directed to apply for cancellation of registration certificate within one week from today. The Ops No. 1 & 4 are further directed to pay Rs.1,00,000/- on account of compensation for mental agony and harassment.  The complaint is accepted with costs which is assessed Rs.11,000/-.

9.             In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

 

Announced in open 23.05.2024

                                                       (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

 

 

(Neelam)                (Ramesh Kumar)

Member                   Member