DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 843/2017
D.No.____________________ Dated: ___________________
IN THE MATTER OF:
MANJEET SINGH KAJLA,
S/o LATE SH. VIRENDER KAJLA,
R/o H. No.-561, VILLAGE-KANJHAWALA,
NEAR POST OFFICE, DELHI-110081.… COMPLAINANT
Versus
ICICI LOMBARD GENE. INS. Co. LTD.,
REGD. ADDRESS: ICICI LOMBARD HOUSE,
414,VEER SAVARKAR MARG,
NEAR SIDDHIVINAYAK TEMPLE,
PRABHADEVI, MUMBAI-400025.
BRANCH OFFICE ADDRESS:
ICICI LOMBARD GENE. INS. Co. LTD.,
(THROUGH ITS BRANCH MANAGER),
KLJ COMPLEX, 1st FLOOR, BLOCK-2,
PLOT No.70/A-55, MAIN NAJAFGARH ROAD,
MOTI NAGAR, NEW DELHI-110015.… OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 12.10.2017
Date of decision:20.08.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is owner of vehicle make Hyundai I-10
CC No. 843/2017 Page 1 of 8
MAGNA bearing registration no. DL-4C-AQ-4935and the agent of OP’s Moti Nagar Branch approached the complainant for selling the car insurance policy and sold the insurance policy who inspected the vehicle and collected the documents i.e. R.C. of the said vehicle and previous policy and cheque of Rs.11,636/- for issuance of insurance policy and the complainant also sent his documents through whatsapp to Mr. Chaman on his mobile no. 7838294728. The complainant further alleged that OP’s agent issued a policy in respect of the complainant’s vehicle as per agent version & presentation covers all the liabilities, losses and damages to body, parts, accessories including engine of the vehicle in any event, situation and accident, as per OP’s presentation and assurances the complainant agreed to purchase said policy and OP’s authorized agent issued a policy bearing policy no. 3001/92588054/00/000 for the period from 03.08.2014 to 02.08.2015. During the valid period of insurance policy in the month of July-2015, the complainant met with an accident in which the complainant’s car windshield, rear bumper and tyre was damaged and the complainant took the vehicle to Deep Hyundai workshop at Mangol Puri and OP was also informed about the accident and accordingly claim was registered vide claim no. MOTO4763267. Thereafter, the complainant got to know from Deep Hyundai workshop that the complainant’s policy did not have CNG
CC No. 843/2017 Page 2 of 8
cover and in this regard the complainant called OP’s customer care no. 18002666 & told them about the fraud, customer care personal assured the complainant that the claim settlement team will help him in this regard and the complainant called Mr. Chaman on his phone no. but he did not pick the phone and the complainant called him many times but his call was not picked by them. After 5-6 days, Mr. Chaman picked the complainant’s phone & told him that he was on vacation that’s why he did not pick up the complainant’s phone and the complainant complained to him & he endorsed the CNG in policy and Mr. Chaman also persuaded the complainant to renew his policy with OP & the complainant renewed it in good faith. The complainant further alleged that the complainant in the meantime talked to Mr. Sunny Bhalla (Surveyor) and he told the complainant that his policy has a fault, first endorse CNG in the policy otherwise he will not pass the claim and then the complainant talked to Mr. Sowmen Mandal & he told him that in this condition he will pass claim on sub-standard basis but after endorsement of CNG he will take approval from company and re-imburse the rest amount and the complainant claim was passed on sub-standard basis and the complainant paid 25% of the claim amount and when the complainant asked OP’s claim team (Mr. Sunny Bhalla) why you did not give claim of tyre they told the complainant that claim was passed on sub-standard basis that’s
CC No. 843/2017 Page 3 of 8
why we did not include tyre. The complainant further alleged that the complainant for re-imbursement of amount called Mr. Sowmen and he asked the complainant to talk to Mr. Chaman and when the complainant called Mr. Chaman he told the complainant that in this matter only Mr. Chaman Sowmen or the team will help him and the complainant called both of them many times but OP blamed each other & every time asked the complainant to call the other. Thereafter, the complainant contacted on customer care & OPs gave him no. of Mr. Amit Sharma i.e. 8588879072 and the complainant called him & told him the matter & he took the complainant in conference with Mr. Sowmen & Mr. Chaman and both persons blamed it on the complainant that it was the complainant fault that the complainant did not disclose that he has CNG kit in his car, the complainant said them that he has given the R.C. & previous policy copy in which it is clearly stated that the complainant’s car has CNG kit, OP’s person inspected the complainant’s car at the time of renewal then how could they blame it on the complainant and Mr. Amit Sharma also said to the complainant that it was his fault why the complainant did not read policy, now OP’s cannot re-imburse anything to the complainant. The complainant further alleged that the last e-mail from the complainant side was on 15.10.2015 but the customer support team did not reply to that and the complainant accordingly alleged
CC No. 843/2017 Page 4 of 8
that repudiation of the rightful claim by the OP amounts to deficiency in service.
2. On these allegations the complainant has filed the complaint praying for direction to OP to direct OP to process the claim of the complainant after endorsing CNG on insurance cover and to direct OP to pay Rs.3,460/- as the amount of repair charges paid by the complainant alongwith interest @ 24 % p.a. till the date of actual realization of the payments as well as compensation of Rs.10,00,000/- alongwith interest @ 24% p.a. for causing mental damages, loss, harassment, suffering humiliation and injury due to the deficient services and adopting unfair trade practice by OP as they after checking the documents has failed to endorse the CNG on insurance policy and if anything serious would happen to the complainant then they would not be giving the compensation amount as per insurance and also sought Rs.20,000/- towards cost of litigation.
3. OP has been contesting the complaint and has filed written statement wherein OP submitted that there is no deficiency in service on the part of OP and the complaint is not maintainable and there is no merit in the complaint. OP further submitted that the complaint is barred by the limitation and therefore liable to be dismissed and the claim form submitted by the complainant on 22.07.2015, final invoice dated 24.07.2015 for the amount of
CC No. 843/2017 Page 5 of 8
Rs.10,510/- only issued by Deep Hyundai. OP further submitted that the liability arises as per the terms & conditions of the insurance policy and hence tyre is not covered under the policy therefore OP had paid Rs.6,931/- by means of cheque after deducting TDS amount of Rs.133/-to Deep Hyundai against the total bill amount Rs.10,516/- hence total liability amount will be Rs.7,064/- only as tyre is not covered under insurance policy. OP further submitted that the insurance company already paid the claim amount of Rs.6,931/- within 5 days from the date of final invoice therefore nothing remain for which OP can be made liable.
4. The complainant filed replication and denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and has also filed the written arguments. The complainant also placed on record copy of R.C., copy of Certificate of Insurance policy issued by TATA AIG Gene. Ins. Co. Ltd. having printed “Bi-Fuel/CNG/LPG Kit”, copy of Risk Assumption Letter dated 07.08.2014 sent by OP to the complainant, copy of insurance policy no. 3001/92588054/00/000 for the period from 03.08.2014 to 02.08.2015 issued by OP, copy of Endorsement Schedule of Private Car Package Policy issued by OP, copy of receipt no.61863 dated 29.07.2015 of Rs.3,460/- issued by Deep Hyundai, copy of retail invoice/cash memo no. B201507767 dated 24.07.2015 of
CC No. 843/2017 Page 6 of 8
Rs.10,516/- issued by Deep Hyundai and copy of aadhar card of the complainant.
6. On the other hand, on behalf of OP Sh. Vikash Goyal, Manager Legal filed his affidavit in evidence which is as per the reply. OP has also filed written arguments.
7. This forum has considered the case of the complainant as well as OP in the light of evidence and documents placed on record. The case of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant. The documents and evidence of the parties shows that the vehicle i.e. Hyundai I-10 Magna bearing registration no-DL-4C-AQ-4935 of the complainant was insured with the OP vide a policy of the OP for the period from 03.08.2014 to 02.08.2015 (mid-night)and suffered damages. The registration certificate of the vehicle as well as copy of previous insurance policy issued by TATA AIG General Ins. Co. Ltd. shows that there is an endorsement about fuel “RCNG/P” and accordingly OP is not justified in denying he claim on the ground that OP was not informed at the time of issuance of policy that the car of the complainant is a CNG fitted car. Accordingly, there is no merits in the defence of OP and OP ought to have passed the claim in full and denial by OP in paying amount of Rs.3,460/- amount to deficiency in service.
CC No. 843/2017 Page 7 of 8
8. Thus, there appears to be no merits in the defence of OP. In these circumstances, this forum is of opinion that OP is guilty of deficiency in service.
9. Thus, holding guilty for the same, we direct OP as under:
i) To pay to the complainant Rs.3,460/- as the amount of repair charges paid by the complainant.
-
10. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 20th day of August, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No. 843/2017 Page 8 of 8
UPLOADED BY : SATYENDRA JEET
