Chandigarh

DF-II

CC/574/2020

Mr Arjun Singh - Complainant(s)

Versus

IFFCO Tokio General Insurance Company - Opp.Party(s)

In Person

20 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	574 of 2020
Date  of  Institution	:	23.10.2020
Date   of   Decision	:	20.12.2021

 

 

 

 

 

Arjun Singh, R/o # 2121, Sector 21, Panchkula, Haryana.

             …..Complainant

 

Versus

 

1]  IFFCO Tokio General Insurance Company, Plot No.2B & C, Sector 28-A, Madhya Marg, Chandigarh 160002

2]  Em Pee Motors (Pioneer Toyota), Plot No.177, Industrial Area, Phase-1, Chandigarh.

    ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

         SH.B.M.SHARMA                      MEMBER

 

 

For Complainant :    Complainant in person.

For OP No.1     :    Sh.J.P.Nahar, Advocate

For OP No.2     :    Sh.Abhishek Bansal, Advocate

 

 

PER  PRITI  MALHOTRA,  MEMBER

         Concisely put, the complainant’s car bearing Regd. No.HR-03-N-7096, duly insured with OP No.1 vide policy Ann.A with zero depreciation (bumper to bumper), met with an accident during policy period on 24.1.2020.  The vehicle was taken to OP No.2, an authorized dealer for accidental repair on 30.1.2020.  It is averred that the OP No.2 belatedly delivered the car to the complainant after accidental repairs.  It is also averred that the OP Insurance did not pay complete repair cost/claim under the policy as per zero depreciation and as such, the complainant was to pay an amount of Rs.7134/- to the OP No.2 towards repairs, which includes Rs.1000/- as file charges (Ann.F).  Alleging the said act & conduct of OPs as deficiency in service, hence this complaint has been filed.

 

2]       The OP No.1-Insurance Company filed reply and while admitting the factual matrix of the case, stated that as per Walk Around Check Sheet (Ann.B), it is clear that only the damages were to the front bumper and LHS (Left Hand Side) mirror of the vehicle in question.  It is denied that there was any delay on the part of Surveyor in conducting survey of loss or preparation of survey report.  It is stated that the complainant took delivery of the car on 28.2.2020.  As regards the payment of Rs.7134/-, it is submitted that the same was recoverable from the complainant on account of repairs got done which were not related to the cause of accident, besides Rs.1000/- as Excess Clause as per insurance policy and Rs.98/- as salvage of the damaged parts.  It is also submitted that the Zero Depreciation Clause does not indicate that whatever the complainant will spend would be reimbursed even if the parts repaired/replaced were not related to cause of accident.  It is pleaded that the complainant has got replaced/repaired some parts at his own, which otherwise were not related to the cause of accident nor covered under the estimate of repair or survey report. Denying the claim of the complainant, the OP No.1 has prayed for dismissal of the complaint.

 

         OP No.2 has filed short reply stating that the vehicle was brought to the workshop of answering OP on 30.1.2020 for accidental repairs.  It is stated that the repair jobs were carried out on the vehicle of the complainant without any delay and some amount was received from the insurance company and rest of the amount was paid by the complainant at his own. Rest of the allegations have been denied being not related to and it is prayed that the complaint qua OP No.2 be dismissed.

 

3]       Rejoinder has also been filed by complainant controverting the assertions made by OPs in their reply

 

4]       The parties have led evidence in support of their contentions.

5]       We have heard the complainant in person, ld.Counsel for the OPs and have also perused the entire record.

6]       It is admitted that the complainant obtained zero depreciation (bumper to bumper) insurance policy (Ann.A) for his Car bearing Regd. No.HR03N7096 valid from 15.3.2019 to 14.3.2020 from OP Insurance Company.  The accident of the said insured vehicle took place during the currency of insurance policy; it was repaired by OP No.2 and on taking its delivery, the complainant has to make payment of Rs.7134/-. There is short fall of Rs.7134/- on account of non-payment of repair cost by OP Insurance Company, which the complainant has to pay from his own pocket. 

7]       The OP Insurance Company in the present complaint vide its reply justifying the deduction made by it stated that some repairs were got done by the complainant at his own which were beyond accidental damage. 

8]       The thorough perusal of the record reveals that the Surveyor in its report dated 19.3.2020 (Ann.OP-1/3) nowhere pointed out such discrepancy, as alleged by the OP Insurance Company, whereas the Surveyor specifically mentioned that “LOSS ARE FRESH AND ACCIDENTAL IN NATURE”.   Moreover, the Surveyor also made deduction towards depreciation cost, which is not justified as the insurance of the vehicle in question is admittedly Bumper to Bumper (Zero Depreciation).  Therefore, the deduction made by the OP is held to be illegal and wrong.  Thus, the deficiency in service on the part of OP Insurance Company is proved.      

9]      Taking into consideration the facts & circumstances of the case, as discussed in the preceding paragraphs, the complaint is allowed against OP No.1 with direction to refund an amount of Rs.6134/- (i.e. Rs.7134-1000 file charges) to the complainant.  The Opposite Party No.1 is also directed to pay to the complainant a compensatory cost Rs.7,000/- towards compensation and litigation expenses.

         This order shall be complied with by OP No.1 within a period of 30 days from the date of receipt of certified copy of this order, failing which they shall also be liable to pay additional compensatory cost of Rs.9,000/- to the complainant apart from the above relief.

10]      The complaint qua OP No.2 stands dismissed.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.     

Announced

20^th December 2021                                                                                                                                                       sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

 

(B.M.SHARMA)

MEMBER