Delhi

New Delhi

CC/1419/2010

Ajay Kumar - Complainant(s)

Versus

M/S. ICICI Lombard General Insurance Company Ltd. - Opp.Party(s)

22 Apr 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/1419/10                                                                                                                                                                              Dated:

In the matter of:

SHRI AJAY KUMAR,

L-308, SARITA VIHAR,

NEW DELHI-110076

         ……..COMPLAINANT

       

VERSUS

 

 

ICICI LOMBARD GENERAL INS. CO.

DELHI OFFICE:315,3RD FLOOR, Agarwal City Mall,

Opp. M2K MALL, RANI BAGH, PITAMPURA,

NEW DELHI-110001.

………. OPPOSITE PARTY

 

ORDER 

 

President :  C.K. Chaturvedi

The complainant car No.DL3C AS 2253 insured with for Rs.3,64,700/- met with an accident on 13.9.10, when in parked condition, it was hit by a truck from behind and his son suffered injuries, near Amity University, where he had gone for studies.  He informed the Company, which also appointed a surveyor and obtained all information and collected all facts and details including treatment paper of his son but on claim did not proceeded and he filed a complainant in 2010, and after notice to OP, sold the car for Rs.40,000/- as it was a total loss and filed the complaint of deficiency against OP.  OP did not respond, by filing a reply and failed to settle the matter and was proceeded ex-parte.

We have considered the ex-parte evidence Exh. CW1 to EXh. CW1/18, summarily and heard the submission.  The documentary evidence in these proved documents speaks volumes on the inefficiency, deficient attitude and imperfection in rendering service of insurance claim despite complainant completing  all requirements.  The OP has further to shown no-good reason to dispute the claim.

In the circumstance, the OP is held guilty of deficiency in service and we order OP to pay Rs.3,24,700/- less deduction as per ….rules along with 9% interest from date of surveyor report till payment with a compensation of Rs.60,000/- for deficiency, harassment and litigation expenses.

 

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

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 22.04.2015.

(C.K.CHATURVEDI)

PRESIDENT

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                       MEMBER