Punjab

Ludhiana

CC/22/231

Raj Kumar Vohra - Complainant(s)

Versus

ICICI Lombard General Insurance Co.Ltd - Opp.Party(s)

Vishal Gupta

28 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 231 dated 30.05.2022                                                         Date of decision: 28.09.2023  

 

Raj Kumar Vohra son of Sh. Darbari Lal, Resident of 198-B, B.R.S. Nagar, Ludhiana.                                                                                                                                                                                         ..…Complainant

                                                Versus

1. ICICI Lombard General Insurance Company Ltd., TF 1-5, 3^rd Floor, 88, Kunal Tower, The Mall Road, Ludhiana-141001, through its Branch Manager.
2. ICICI Lombard General Insurance Company, Registered office: 414, Veer Savarker Marg, Near Siddhivinayak Temple, Prabhadevi, Mumbai-400025, through its General Manager/Managing Director.                                                                                           …..Opposite Parties

Complaint under of the Consumer Protection Act, 2019 (35) of 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Raj Kumar Vohra along with Sh. Vishal                                                         Gupta, Advocate.  

For OPs                          :         Sh. Amandeep Singh, Manager along with Sh.               G.S. Kalyan, Advocate. 

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           Briefly stated, the complainant has invoked the jurisdiction of this Commission by filing the present complaint and raised a consumer dispute with regard to non-settlement of his claim of Rs.19,85,000/- besides paying compensation of Rs.5,00,000/- and to pay parking charges of Rs.50,000/-.

2.                Notice was issued to the opposite parties and on 31.08.2022 Sh. G.S. Kalyan, Advocate filed power of attorney on behalf of the opposite parties along with written statement as well as affidavit and assailed the complaint on the ground of maintainability; concealment of facts etc. The opposite parties denied the allegations levelled in the complaint by stating that the complainant has not submitted the documents with them despite issuing the letters in this respect and also prayed for dismissal of the complaint

3.                The parties have already led their evidence by tendering their respective affidavits and documents and the case was fixed for submission of documents by the complainant and for settlement.

4.                However, on 31.07.2023, the complainant along with his counsel Sh. Vishal Gupta, Advocate suffered statement regarding handing over his original unattested indemnity bond, Audi car/vehicle keys (2 pairs), form No.28, 29 and 30 and NOC Form No.35 duly signed by him to the counsel for the opposite parties i.e. Sh. Gurjeet Singh Kalyan, Advocate who also suffered statement having receipt the above said demanded documents/keys etc.

                   The case was taken in National Lok Adalat held on 09.09.2023 and on the said date, Sh. G.S. Kalyan, Advocate suffered statement that in continuation of his earlier statement recorded on 31.07.2023, as per instructions received from the insurance company, the company is willing to settle the claim of the complainant in view of the policy terms and conditions subject to supply of service book of insured vehicle, original RC of the vehicle, both the keys of the insured vehicle, salvage of vehicle, four passport size photographs of the insured, self attested Aadhar card, copy of PAN card of the insured, duly filled and signed CKYC form, indemnity bond on Rs.600/- duly filled signed and notarized, salvage disposal request letter (valuation request) duly filled signed and notarized, NOC from financer within 45 days from completion of documents.

                   In view of above statement of Sh. G.S. Kalyan, Advocate for the OPs, the complainant Sh. Raj Kumar Vohra along with his counsel Sh. Vishal Gupta, Advocate suffered statement that he has already supplied the required documents on 31.07.2023 and both the keys of the vehicle to the insurance company. The complainant further stated to has already supplied the original RC. There is no name of the financer is mentioned on RC. He has already supplied original unattested indemnity bond, Audi car/vehicle keys (2 pairs), form No.28, 29 and 30 and NOC Form No.35 duly signed by me and I do not want to keep the salvage and he authorizes the insurance company to take the possession of the salvage and he has already paying the parking charges of the said salvage.

                                Today, Sh. Amandeep Singh, Manager appeared in person and suffered a statement to the effect that the company has already received the documents from the complainant in the present claim. He further stated that the company is ready to settle and pay the present claim in a total sum of Rs.19,85,000/- (Rupees Nineteen Lac Eighty Five Thousand only) in full and final payment subject to deposit of salvage of the car. The company is further ready to make the payment of Rs.19,85,000/- within 45 days from the date of receipt of certified copy of the order.                  

                   Complainant along with his counsel and suffered a statement of having heard the statement of Sh. Amandeep Singh, Manager of the opposite parties today in the court. The complainant further suffered that he had already suffered the statement earlier to give the salvage to the opposite parties. He has no objection if the company collect the salvage and he will facilitate the company to collect the salvage by the representative deputed by the opposite parties. He had already supplied the required documents on 31.07.2023 and both the keys of the vehicle to the insurance company and had already supplied the original RC. There is no name of the financer is mentioned on RC. He had already supplied original unattested indemnity bond, Audi car/vehicle keys (2 pairs), form No.28, 29 and 30 and NOC Form No.35 duly signed by him and he does not want to keep the salvage and he authorizes the insurance company to take the possession of the salvage. The complainant further suffered that he is already paying the parking charges of the said salvage and he is ready to accept the amount of Rs.19,85,000/- (Rupees Nineteen Lac Eighty Five Thousand only) in full and final settlement. The complainant prayed to dispose of the complaint accordingly.  

5.                In view of the aforesaid settlement arrived between the parties, the present complaint stands disposed of with direction to the opposite parties to pay a sum of Rs.19,85,000/- (Rupees Nineteen Lac Eighty Five Thousand only) in full and final payment subject to deposit of salvage of the car by the complainant and the complainant will facilitate the collection of the salvage by the representative deputed by the opposite parties. The said amount of Rs.19,85,000/- will be paid by the opposite parties to the complainant within 30 days from the date of receipt of copy of order, failing which the opposite parties shall be held liable to pay interest @8% per annum to the complainant on the said amount from the date of order till its actual payment. Copies of the order be supplied to the parties free of costs.

6.                File be indexed and consigned to record room.   

 

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                  Member                              Member                                      President

Announced in Open Commission                                            Dated:28.09.2023

Gobind Ram.