Jharkhand

Bokaro

CC/135/2019

Rash Bihari Mandal - Complainant(s)

Versus

ICICI Lombard - Opp.Party(s)

Sunil Prasad

13 Feb 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-01-08-2019

Date of final hearing-13-02-2023

 Date of Order-13-02-2023

Case No. 135/2019

     Rash Bihari Mandal

     R/o Sec-4/E, St-11, Qr.no. 2020, Bokaro

Vs.

    1. ICICI Lombord, ICICI Lombord,

          House Moter, Insurance 4/4 Vir Sawarkar Marg,

           Near Siddhi Binayak Temple, Pravhadevi, Mumbai 400025

    2. ICICI Lombard, General SCL Primson,

         Diversi Pvt Ltd. Bokaro                            

 

Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgment-

1. Complainant has filed this case with prayer to direct the O.Ps. to pay Rs. 10,000/- as repair cost as well as in lieu of physical and mental harassment and to pay Rs. 10,000/- as miscellaneous expense.
2.  Case of the complainant is that he is owner of Hero Honda Scooty having registration no. JH09X-3673 which was insured with O.Ps. and Policy  was purchased on 17.01.2018. Further case is that on 13.01.2019 when complainant parked his scooty at the two wheeler’s  stand of Bokaro General Hospital and returned after some time then he found that his scooty has been badly damaged by some other vehicle to which he shown Premsons Honda showroom, where estimated cost of repair was assessed Rs. 18,640/-. Accordingly information to the O.P. insurance Co. was given. Thereafter, the person of insurance Co. contacted the complainant for survey and obtained so many papers of the vehicle and also obtained his signatures on several papers. Later on it was informed that claim of the complainant has been rejected. Complainant got his vehicle repaired on his own cost who paid total Rs. 9,456/- to the repair shop hence this case has been filed.
3. As per O.Ps. (ICICI Lombard House Motor Insurance  Co. Ltd. and ICICI Lombard General Insurance Co. Ltd.) the case is not maintainable, there is no cause of action. Further reply is that complainant has not lodged any FIR regarding the occurrence of damage to the vehicle nor he has provided photograph of damaged vehicle hence claim has been rightly repudiated on the ground that the damages are too old not matching with date of loss mentioned in claim form and try to hide the material fact.
4. Point for consideration is whether complainant is entitled to get relief as prayed ?
5. On perusal of the papers annexed with the record it is apparent that annexure -1 is photo copy of the legal notice dt. 15.04.2019, annexure-2 is photo copy of claim repudiation letter, annexure-2A is photo copy of part of the claim repudiation letter, annexure-3 is photo copy of the insurance policy and annexure-4 is photo copy of the certificate of registration.
6. On perusal of the photo copy of the certificate of registration it appears that vehicle concerned was registered on 14.08.2014. Alleged occurrence of damage was occurred on 13.01.2019 after about 5 years from the date of purchase. On perusal of insurance policy it shows that policy was effective from 19.01.2018 to 18.01.2019 with IDV value of Rs. 25,551/-. There is no denial regarding survey of the damaged vehicle by the O.P. but O.P. has not produced any chit of paper in support of its reply. The photo copy of tax invoice dt. 08.03.2019 shows that complainant has paid Rs. 9,456/- for repair of the vehicle concerned. It is submitted by the Ld. Counsel for the O.P. insurance  co. that all the items are not covering under the insurance policy nor policy is related to no depreciation hence complainant is not entitled to get 100% re-imbursement of said amount.
7. In light of above discussion considering the age of the vehicle concerned as well as nature of the insurance  policy as well as considering the fact that O.P. has not filed survey report we are of the view that lump-sum amount must be provided to the complainant accordingly his prayer is liable to be allowed in part.
8. Accordingly prayer of the complainant is being allowed partly in the following manner:-

O.P. No.1 & 2 (ICICI Lombard House Motor Insurance Co. & ICICI Lombard General Insurance Co. Ltd.) are directed to pay Rs. 6,000/- to the complainant as repair cost of the scooty within 60 days from receipt/production of the copy of this order and also to pay Rs. 2000/- as compensation and Rs. 1000/- as litigation cost within above mentioned period, failing which they shall pay interest @ 10% per annum on above mentioned amount from 01.08.2019 (i.e. the date on which case was filed).

 

(J.P.N. Pandey)

                                                                                      President

                                                         

         

                                                                               (Baby Kumari)

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