DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.310/2015
Sh. Vishwa Nath Puri
B4/69 Safdarjung Enclave
New Delhi-110029 ….Complainant
Versus
IFFCO Tokio General Insurance Co. Ltd.
Plot No.3 Sector 29
Gurgaon 122001 ……Opposite Party
Date of Institution : 16.11.05 Date of Order : 03.08.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that while he was driving on Chandigarh Delhi Highway his vehicle No.DLC12C3128 hit by dog and sustained damages to the radiator and other parts and front grill. He had an insurance policy No.P4008573966 with the OP. He had filed a claim on 06.07.15 with the OP. The OP settled only a part of the bill raised by M/s Frontier Auto World Pvt. Ltd. vide their invoice No. 1503631 dated 17.07.15 for Rs.38,738/- towards total cost of the repair as consequence of the accident but the OP had paid only Rs.12295/-. Rs.12295/- does not include cost of radiator which was damaged “and reason for subsequent repairs towing of vehicle.” He sent a email on 23.07.15 to the OP but as no response was received from the OP he sent a registered letter on 14.08.15. As he did not receive any reply from the OP the matter was brought to the notice of Insurance ombudsman vide letter dated 01.09.15. The Ombudsman sent a letter dated 06.10.15 and requested him to file the documents again. It is stated as under:
“8. Letter addressed to Chairman IRDA, copy to Ombudsman, dated 12-OCT-2015 remains unanswered.”
As no reply was received from all the avenues of redressal he had filed this complaint before this Forum. As the OP had failed in its duty and constitute gross deficiency in service and displaced monopolistic and restricted trade practices in utter and complete disregard of the right of the consumer. The Complainant has prayed as under:-
- Direct the OP to pay Rs.18620/-as detailed in para No.9 of the complaint and Rs.1,00,000/- towards punitive damages, mental agony etc.
OP has been proceeded exparte vide order dated 11.04.16.
Complainant has filed his affidavit in exparte evidence and written arguments.
We have heard the arguments of the Complainant and have also gone through the file very carefully.
Complainant was having an insurance policy No. P4008573966 of OP and when he was going to Chandigarh to Delhi from his vehicle No.DLC12C3128 his car had met with an accident due to hit by a dog and sustained damages to the radiator, and other parts and front grill. He filed a claim on 06.07.15 of Rs.38,738/- but the OP had only paid a sum of Rs. 12,995/- to the Complainant vide letter dated 20.11.15 copy of which is mark as Mark ‘A’ for the purpose of identification.
In view of the above, it transpires that as per OP’s letter dated 20.11.15 the OP reimbursed 35% amount for radiator Assy for an amount of Rs.2535/- and 50% Coolant Additive for Rs.741/- after necessary deduction of depreciation amount. The following parts were not considered as there was no accidental external impact on these parts:-
- Silicone Adhesive SE
- Magnetic Professi
- Spark Plug
- Ignition Coil With
In view of the above, we hold that the Complainant has failed to prove any deficiency in service on the part of OP as he has already received the amount from the OP. Accordingly, we dismiss the complaint with no order as to costs.
(Naina Bakshi) (N. K. Goel)
Member President
Announced on 03.08.16.
