View 5790 Cases Against Icici Lombard General Insurance
View 13289 Cases Against Icici Lombard
View 45238 Cases Against General Insurance
N.Sathish kumar S/o.Natarajan filed a consumer case on 20 Feb 2020 against ICICI Lombard General Insurance co LTD Rep by its Managar in the North Chennai Consumer Court. The case no is CC/164/2016 and the judgment uploaded on 10 Mar 2020.
Complaint presented on: 05.10.2016
Order pronounced on: 20.02.2020
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL - PRESIDENT
TMT.P.V.JEYANTHI B.A., MEMBER - I
THURSDAY THE 20th DAY OF FEBRUARY 2020
C.C.NO.164/2016
N.Sathishkumar,
S/o.Natarajan,
No.13/68, Dharmaraja Koil Street,
Thottapalayam, Vellore – 632 004.
…..Complainant
..Vs..
ICICI Lombard General Insurance Co. Ltd.,
Rep. by its Manager,
No.140, Nungambakkam High Road,
Chennai – 600 034.
| .....Opposite Party
|
|
Counsel for Complainant : M/s.M.Selvam, M.Sathyan,
R.Venkatesan
Counsel for opposite party : Mrs. Elveera Ravindran, K.Vinod
ORDER
BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL
This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.
1.THE COMPLAINT IN BRIEF:
The complainant was driving his car on 20.03.2016 from Salem to Vellore, Near Thadagam Bridge at Dharmapuri, the car caught fire and was badly damaged. A complaint was given to the Adiyamankottai Police Station. Dharmapuri District in CSR.NO.73/2016. On the same day a complaint was registered with the office of the opposite party in Complaint.No.MOT 05410534 at about 8.45 Am but no action was taken by the company. Since no action was taken by the company he gave a second complaint on 11.04.2016 in I.D.No.110420161107. After the second complaint the officials of the opposite party company inspected the vehicle and assessed the damage. The total damage caused to the vehicle and the bill raised for repair of the car worked out to Rs.1,55,000/-. After 4 months the complainant was shocked to receive a sum of Rs.62,186/- as reimbursement on 16.06.2016. The opposite party has not given any reason for arriving at the above said sum. It is pertinent to note the declared value of the vehicle is Rs.2,95,110/- and he has paid a premium for the said sum. Hence this complaint.
2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:
The opposite party on receipt of the claim had appointed an independent surveyor and on the basis of the survey report and as per the terms and condition of the policy had issued a payment to a sum of Rs.62,186/- which the complainant had received in full and final settlement of the claim. There is no deficiency in service on the part of the opposite party. Hon’ble Forum may be pleased to dismiss the complaint.
3. POINTS FOR CONSIDERATION:
1. Whether there is deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to any relief? If so to what extent?
4. POINT NO :1
The complainant had insured his Car Maruthi Swift VDI with the opposite party and the policy certificate is Ex.A1. Policy coverage was for a period from 10.04.2015 to 09.04.2016. During the period i.e. on 20.03.2016 while the complainant was driving his car from Salem to vellore near Thadagam Bridge at Dharmapuri the car caught fire and damaged. Photograph of the damaged car is Ex.A2. The incident was reported before Adiyamankottai police station and the CSR issued by the police is Ex.A3. Ex.A4 is the certificate issued by the concerned police for fire accident. Crane service was utilized by the complainant and the receipt for the same is Ex.A5. Insurance Policy with the opposite party is admitted. The complainant alleges that the complaint was registered before the opposite party but they have not taken any action and only after registering the second complaint opposite party have assessed the damaged vehicle through their surveyor but no such complaint copies as alleged by the complainant is filed. A letter was addressed by the opposite party to the complainant in Ex.B5 dated 18.05.2016 requesting them to furnish some particulars for concluding the claim. Legal notice was issued by the complainants to the opposite party dated 24.08.2016 vide Ex.A6. It is also stated in the legal notice issued by the complainant that the reimbursement of a sum of Rs.62,186/- was received by the complainant. Survey report dated 06.09.2016 is Ex.B3. The surveyor assessed the damages to the value of Rs.62,186/-and his professional fee paid as per the bill attached is Rs.1,700/- in Ex.B3 series and also the detailed assessment sheet is Ex.B4.
05. As per the contention of the complainant he is not satisfied with the reimbursement amount since the declared value of the vehicle is Rs.2,95,110/- and had paid premium for such sum and he is also under the impression that he is entitled to claim up to declared value in case of damage to the vehicle. The bills for the alleged repair are filed as Ex.A8 by way of filing additional proof-affidavit at a later stage. Even though Ex.A8 bills are submitted before this forum the submission of bills and the estimation submitted for the alleged damage to the vehicle to an extent of Rs.1,55,000/- by the complainant to the opposite party are denied by the opposite party and there is also no proof for having submitted the same to the opposite party.
06. It is inferred from the contention of the complainant that neither a surveyor nor an expert has assessed the value of the damages on behalf of the complainant for the vehicle. The complainant had received the reimbursement amount of Rs.62,186/- on 16.06.2016 as full and final settlement without any protest. On perusal of the survey report in Ex.B3 Vehicle is of the year 2009 and that the assessment was arrived on the basis of depreciation and the age of the vehicle. No contra evidence is produced by the complainant to prove the assessment is incorrect and it is not challenged by the complainant. The allegation of the delayed work of assessing the damage caused to the car due to which the complainant was put to hardship and the alleged deficiency in service by the opposite party is not substantiated by the complainant. The complaint is vague and having received the reimbursement of the assessed value for the damage to the car without any protest, the complainant has come forward to file this vague complaint only in the month of October 2016. Even though the declared value of the vehicle is Rs.2,95,110/-and the premium for the said sum is paid by the complainant, he is entitled to the assessed value for damages of the vehicle only as per the documentary proof submitted by the opposite party when there is no contra evidence is put forth by the complainant. Therefore it is concluded from the above discussions that the complainant had failed to prove the alleged deficiency and we find no deficiency in service on the part of opposite party.
07. POINT NO.2:
It is decided as there is no deficiency in service on the part of opposite party, the complainant is not entitled to any relief and the complaint is dismissed.
In the result, this complaint is dismissed. No costs.
Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 20th day of February 2020.
MEMBER – I PRESIDENT
LIST OF DOCUMENTS FILED BY THE COMPLAINANT:
Ex.A1 dated 10.04.2015 Car Insurance policy copy
Ex.A2 dated NIL Car Photo
Ex.A3 dated 01.04.2016 CSR 73/2016 issued by the Sub Inspector of Police, Adiyamankottai Police Station
Ex.A4 dated 01.04.2016 Certificate issued by the Sub Inspector of Police, Adiyamankottai Police Station
Ex.A5 dated 20.03.2016 Crane Serive receipt
Ex.A6 dated 24.08.2016 Legal Notice
Ex.A7 dated 27.08.2016 Acknowledgement Card
Ex.A8 dated NIL Bills
LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:
Ex.B1 dated NIL Policy of Insurance
Ex.B2 dated NIL Terms and Conditions of the Policy
Ex.B3 dated 06.09.2016 Survey Report
Ex.B4 dated NIL Assessment Sheet
Ex.B5 dated 18.05.2016 Letter sent by opposite parties to the complainant
MEMBER – I PRESIDENT
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.