Delhi

New Delhi

CC/344/2011

Pramod Bihari Mathur - Complainant(s)

Versus

M/S. Bharti Axa General Insurance Company Ltd. - Opp.Party(s)

02 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/344/11                              Dated:

In the matter of:

Mr. Pramod Bihari Mathur,

R/o: A 92 2^nd Floor,

SS Group Palladian, Mayfiled Garden,

Sector-47, Gurgaon-122001        

 

                 ……..COMPLAINANT

       

VERSUS

Bharti AXA General Insurance Co. Ltd.,

7th Floor, Prakashdeep Building,

7, Tolstoy Marg, New Delhi-110001

 

………. OPPOSITE PARTY

 

ORDER

President:  C.K. Chaturvedi

 

The complaint of deficiency is against arbitrary repudiation of insurance, vehicle damage claim of car no.HR 26 AU 4221 insured with OP. The stuck a stone, which came in middle of road suddenly on NH8 and damaged gear box. The repair cost Rs.67,222/- but OP paid Rs.7,477/- only, and got signed a voucher. The OP in reply and evidence stated that it was negligence of complainant in driving the vehicle after stone hit. It produced no surveyor report. It relied on payment voucher only.

After considering the rival case, we find that OP is unable to justify reducing bill of Rs.67,222/- to Rs.7,417/-. The consequential damage is part of first damage. We find it arbitrary. We reject the OP’s lose and holding it guilty direct it to pay balance, with 9% interest and Rs.30,000/- for deficiency and litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 02.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER