DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.133/2008

Sh. Vijay Pal

S/o Sh. Nafe Singh

R/o  RZ-67A, Sita Puri, Part-I,

New  Delhi-110043                                                      ……Complainant

Versus

ICICI Lombard General Insurance Co. Ltd.

S-13, First & Second Floor,

Green Park Extn, Uphar Cinema Complex,

New Delhi-110016                                                ……Opposite Party

                                                          Date of Institution          : 03.03.08                                                            Date of Order        : 12.01.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

The Complainant had purchased an old Car Maruti Esteem VXI (2006) bearing  registration No.DL3CAG-8251 for Rs.4,75,000/- out of which he paid Rs.1,05,000/- in cash and the remaining amount was financed  by HDFC Bank. On 23.05.07, he got the car insured from OP. The value of the car was assessed as Rs.4 lakhs and the value of the CNG Kit was assessed at Rs.40,000/-. On 30.09.2007, he went to visit Agra alongwith his family and while returning back to Delhi his car was hit against a truck in an attempt to save a cyclist. In the said accident, his wife and daughter suffered serious injuries who were hospitalized in Apollo Pankaj Hospital, where their operation was conducted. On 01.10.2007, his elder brother Shri Jaipal took back the car to Delhi which was lying damaged badly on main road near Jait Police Post with the help of a crane.  He had to pay Rs.5,000/- for crane charges. He informed the OP about the accident of the car after a few days and also informed that CNG KIT and other parts of the car were removed from the site of accident.  OP advised him to make police report in respect of all the misplaced parts/articles. Immediately on 09.10.2007 he lodged a report with the Jait Police Post Incharge (Vrindavan). He took over the car to the R.P.G. Motors, Ganesh Nagar, New Delhi by a crane where one Surveyor of OP Shri Ashwani Thapar took photographs of the damaged car and assured that he will do the needful. After about one week when he enquired about his car from R.P.G. Motors they gave him a Mobile No.9810154009 of the Surveyor of OP Shri Ashwani Thapar and asked to call him and told that the car will be repaired only on the instructions of Shri Ashwani Thapar. When he contacted Sh. Ashwani Thapar on the phone number, he was told that his file has been sent to the OP and asked him to make enquiry from one Shri Siddarth on phone No.9873100418. When he called Shri Siddarth then he was told that the said accident took place at Agra, U.P. hence, his case was being investigated by Lucknow Branch and also told that anything could be done after getting the report from there. The investigation of the OP continued for about 50 days and one day Sh. Ashwani Thapar called him on phone and asked him to reach at Rajendra Nagar Office. He went there and Shri Ashwani Thapar asked him to write an application addressing to the OP saying that they would got install one new body cell worth Rs. 2,10,000/- in the car and the remaining charges would be paid by him and sent a fax to PRG Motors. After about 15 days, he got a telephonic call from PRG Motors informing him that his car could not be repaired for the reason that the manufacturer had stopped manufacturing esteem car and hence the body cell was not available.  He visited Shri Vivek at Green Park Branch, who in the presence of a buyer told that he had inspected  his file, his car was insured for Rs.4 lakhs + Rs.40,000/- total Rs.4,40,000/- but they could pay only Rs.3,50,000/- to him as the company had already stopped manufacturing the esteem car. He also told him that the said amount might be reduced upto 10-20 thousand. Hence,  the Complainant has filed the present complaint and prayed as under:-

Direct the OP to pay to the Complainant a sum of Rs.4,40,000/-  full claim amount of the vehicle +  crane charges of Rs.5,000/- + parking charges charged by PRG Motors from him and a suitable compensation for causing monetary  loss and harassment to him.

OP in the written statement has stated that the vehicle was hypothecated with HDFC Bank as security towards grant of finance facility for purchase of said vehicle. The policy  No.3001/51873770/00/30 from 23.05.2006 to 22.05.2007 for the value of Rs.4 lakhs was issued to the complainant. Subsequently on 01.10.2007 an endorsement was made therein towards CNG fitting. On receipt of the information regarding the accident of the vehicle the OP immediately arranged the Surveyor for investigation of the incident. It is stated that the legal department of OP at Delhi has yet to receive the investigation and survey report for appropriate submissions.  Necessary instructions were given to the service centre M/s RPG Motors towards repair of the insured vehicle and also towards adjustment of the salvage. The service centre informed that the manufacturing of the body cell of the make of the insured had been stopped by the Maruti Company and therefore the same could not be made available. They explored for the possibility in order to process the claim after taking into the consideration the depreciated value of the salvage in accordance with the terms of the policy.  Hence, it is prayed that the complaint be dismissed.  

Complainant has filed rejoinder to the written statement of OP.

Complainant has filed his own affidavit in evidence while affidavit of Sh. Gaurav Gaba, 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 purchased an old Car Maruti Esteem VXI (2006) bearing  registration No.DL3CAG-8251 for Rs.4,75,000/- out of which he paid Rs.1,05,000/- in cash and the remaining amount was financed  by HDFC Bank. On 23.05.2007, he got the car insured from OP. The value of the car was assessed as Rs.4 lakhs and the value of the CNG Kit was subsequently on 1.10.07 assessed for Rs.40,000/-.  His car met with an accident while returning back from Agra to Delhi on 30.9.2007. He informed the OP. The OP appointed a Surveyor to enquire into the matter. After enquiry the OP advised the service centre for repair. The service centre had informed the OP that as the Maruti Esteem was not in production, therefore, the body cell of the car was not available. The OP after depreciation value of the salvage was ready to make the payment of Rs. 3,50,000/-  to the Complainant. But the Complainant refused to take the amount offered by the OP.

It is clear that the OP has not sent the repudiated letter to the Complainant.   The proceeding-sheet dated 28.05.15 records that the counsel for OP had informed that the OP is ready to make the payment of Rs.4,50,000/- towards full and final settlement of the claim but the said amount was not acceptable to the Complainant.

On being offered Rs. 3,50,000/- (or 10/20 thousands less) towards the claim on behalf of the OP, the complainant did not wait for the final outcome of his claim and straightway filed the present complaint on 3.3.2008.  Undisputably, the claim of the complainant had not been admitted nor repudiated by the OP till the filing of the complaint.  The complainant ought to have waited for sometime as the attitude of the OP was very cooperative and OP was willing to settle the matter.  Complaint was filed in 2008.  Therefore, we do not think it justifiable to dismiss it being pre-mature.  We are of the considered opinion that keeping in view all the facts and circumstances of the case discussed hereinabove, the offer given by the OP on 28.5.15 is quite reasonable that the OP is ready to make the payment of Rs.4,50,000/- to the Complainant towards full and final settlement of the case.

 Therefore, we direct the OP to pay Rs. 4,50,000/-  to the complainant within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization.   Complaint stands disposed off accordingly.

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.

Announced on  12.1.16

(NAINA BAKSHI)                                                             (N.K. GOEL)                                                                                                           MEMBER                                                                           PRESIDENT   

Case No. 133/08

12.1.16

Present –   None.

          Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to pay Rs. 4,50,000/-  to the complainant within 30 days of receipt of copy of  this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization.   Complaint stands disposed off accordingly.         Let the file be consigned to record room.

(NAINA BAKSHI)                                                  (N.K. GOEL)                                                                                                                     MEMBER                                                                PRESIDENT

By D K Yadav