DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.124/2009
Sh. Lakshman Dass Saini
S/o Sh. Bhartu Ram Saini,
R/o 270-A, Hari Nagar, Ashram,
New Delhi ….Complainant
Versus
M/s ICICI Lombard General Insurance Co. Ltd.
through its Managing Director/Chairman/Authorized person)
Green Park Extension,
S-13, Ist and 2nd Floor,
Uphar Cinema Complex,
New Delhi-110016 ……Opposite Party
Date of Institution : 05.02.09 Date of Order : 22.08.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S. S. Fonia, Member
O R D E R
Briefly stated, the case of the Complainant is that he had purchased a vehicle No. DL3CAJ 7438 (Skoda Model Octavia- Elegance 1.9. TDI 80) and the same was got insured from the OP vide policy/cover note No.3001/53948055/00/000 on payment of premium charges. The vehicle met with an accident on 11.10.08 and the car was completely damaged. He took the vehicle for repair from the authorized service centre M/s Siler Tone Motors, Okhla, New Delhi. They informed him that since the vehicle was totally damaged there will be no use to get the same repaired. He lodged a claim with the OP and completed all the required/relevant formalities and supplied the necessary documents to the OP. He visited several times to the office of the OP but of no use as till date the OP has not passed his claim. He also offered to surrender the totally damaged vehicle to the OP and requested to pass his claim but to no avail. The vehicle was parked in the workshop who is charging very high charge on account of parking charges. He sent a legal notice on 15.01.09 but the OP neither any reply received nor claim has been settled by the OP. Hence, the OP is negligent in rendering the services to the complainant. The Complainant has prayed as under:-
- Direct the OP to settle the claim in the sum of Rs.970000/- being the cost of the vehicle as the vehicle has been totally damaged.
- Direct the OP to pay Rs.20,000/- as compensation for the harassment and mental torture being faced by the Complainant.
OP in the written statement has inter-alia stated that the policy terms prescribed the manner of making claim under the policy which was never adhered by the Complainant and even the intimation of the alleged accident was never tendered to the OP. The Complainant did not file FIR by alleging that the car was totally damaged. The Complainant has not placed on record any proof towards the veracity of the factum of the alleged accident. No document has been filed to show that the vehicle was with the M/s Silver Ton Motors, Okhla. Nothing has been placed on record to prove this fact. Also nothing has been placed on record towards substantiating the averments that the vehicle was totally damaged. Therefore the complaint is false, mischievous and vexatious. If any claim was lodged with the OP the necessary documents be furnished in this regard. That on receipt of any claim the OP allots a claim No. of the said claim. Therefore, if the Complainant had been provided any claim No. on lodging of the claim the same may be directed to be delivered to them so that they can make efforts to trace relevant particulars with respect to the claim of the Complainant from its record, if any. OP has prayed for dismissal of the complaint.
Complainant has not filed rejoinder to the written statement of OP.
Complainant has filed his own affidavit in evidence while affidavit of Ms. Pooja Sharma, Area Manager (Law) has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties. We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
It is not in dispute that the Complainant had got insured his car with the OP. No document (either FIR or copy of any police report or intimation to the OP) has been filed by the complainant. The OP in its written statement had stated that they are not able to trace the record filed by the Complainant. If the Complainant was provided any claim No. while lodging the claim the same may be given to the OP so that OP can make efforts to trace from their record relevant particulars with respect to the claim of the Complainant. The Complainant has not filed any document in respect of lodging a complaint to the OP. He has not filed any document that after the accident the vehicle was given to the authorized service centre of OP or the same is still lying with the service centre. Mere mention of these facts in the legal notice for the first time is of no help to the complainant. Hence the Complainant has failed to prove any deficiency in service on the part of OP as the OP had already submitted in the written statement that if the Complainant provides the claim No. to the claim the OP can make efforts to trace from the record with respect to the claim of the Complainant. Accordingly, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S. S. Fonia) (N. K. Goel)
Member President
Announced on 22.08.2016.
Case No. 124/09
22.8.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S. S. Fonia) (N. K. Goel)
Member President
