Delhi

New Delhi

CC/1101/2012

Surbhi Sethi - Complainant(s)

Versus

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

11 Jul 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

Case No.C.C./1101/2012                                Dated:

In the matter of:

SURBHI SETHI

A-4, National Institute of Immunology,

Aruna Asaf Ali Road,

New Delhi-110067

        ……..COMPLAINANT

 

VERSUS

1.     M/S ICICI LOMBARD GENERALINSURANCE CO. LTD.,

        3^rd Floor, Narain manzil,

        23, Barakhamba Road,

        Near Barakhamba Metro Station,

        Connaught Place,

        New Delhi-110001

Through its Manager/Incharge

       

2.     M/S ICICI LOMBARD GENERALINSURANCE CO. LTD.,

        Zenith House,

        Keshavarao Khadye Marg,

        Opposite Race Course, Mahalaxmi,

        Mumbai-400034

Through: CMD/CEO

 

3.     M/S ICICI LOMBARD GENERALINSURANCE CO. LTD.,

        Europ Assistance India Pvt. Ltd.

        301, C-Wing, business Square,

        Andheri Kla Road, Chakala,

        Andheri (East),

        Mumbai-400093

        Through : Manager Claims Department

               .... OPPOSITE PARTIES

MEMBER : NIPUR CHANDNA

ORDER

 

          Complainant is the policy holder of the OP Company vide an “Overseas Individual Travel Insurance Policy” No. 4030/W-7926432/00/000 valid from 25/5/2012 to 29/6/12.

          It is alleged by the complainant that she was confirmed to fly from Delhi to Vienna on 25/5/12 and the schedule departure of flight was at 1:40 and to be arrived at Vienna at 6:00 a.m. but the aforesaid flight got cancelled due to which she has to take a different flight operated by KLM Royal Dutch Airline and from there another connecting flight to Vienna instead of direct flight.

          It is alleged by the complainant that after reaching Amsterdam, there was further delay and as such there was a total delay of more than 6 hours in reaching the destination, due to which she had to incur EUR 10 (USD 12.52) towards food and beverages.

          It is further alleged by the complainant that her baggage/luggage did not reach Vienna and the property irregularity report was given by the Austrian Airline to her.  It is alleged by the complainant that as her luggage was lost and recovered after 24 hours she had to spend Euro 50:00 to buy some essential daily wear etc.

          It is alleged by the complainant that after returning from trip she filed claim form alongwith annexure with OP Company. The OP company vide its letter dated 12/7/12 stated that the claim made by her towards the trip delay and cancellation was not payable.  It is further stated by the OP through its E-mail dated 19/7/12 that an amount of Rs. 3464.72 was payable toward “Baggage Delay” and no amount was payable towards trip delay and cancellation  as per plan platinum X 100 opted by her.

          It is alleged by the complainant that vide E-mail dated 23/7/12she brought to the notice of the OP that her plan was platinum and not platinum X 100 and requested OP to look into the matter.  But nothing has been done by the OP to settle her genuine claim. Hence this complaint.

          Notice of the complaint was sent to the OP through Regd. AD Post for 28/5/13.  Copy of complaint supplied to the OP on 28/5/13 and the matter was listed for written statement of OP on 27/8/13, since none appeared on behalf of OP, it was ordered to be proceeded with ex-parte on 10/10/13.

          Complainant filed her evidence by way of affidavit, wherein she has corroborated the contents of complaint.

          We have heard arguments advance at the bar and have persued the record.

          This complaint case was already reserved for orders on 30/9/14. But, defence the order could be passed, the then Ld. President and one Ld. Member of this District Forum retired, leading to fixing of the matter for re-arguments.

          Complainant has placed on record copy of policy alongwith customer information sheet, copy of the tickets, copy of the letter dated 25/5/12 issued by Austrian Airline, copy of Irregularity Report dated 25/5/12, copy of the claim form, copy of repudiation letter dated 12/7/12 in support of her case.

         

 

 

Complainant has placed on record the copy of the policy which clearly reveals that policy plan opted by the complainant is platinum and not platinum X 100.

          Complainant in her complaint had prayed for the following:-

1. Sum of US$ 100 (Rs. 5536) for checked baggage delay.
2. Sum of US$ 400 (Rs. 11,145) for cancellation of flight and interruption.
3. Sum of USD 12.52 (Rs. 694) spend for food and beverages due to trip delay.

Complainant has herself placed on record the copy of the policy issued to her.  The bare perusal of the policy documents makes it clear that the OP Company is not liable to pay any amount to the complainant on account of cancellation of flight. The OP is liable to pay only for delay of checked baggage and trip delay under the policy issued by it.

In view of the above discussion, we partly allowed the complaint and direct the OP to pay to the complainant in Indian currency:

1. US$ 50/- for checked baggage delay of 6 hours @ US$ 100 per 12 hours.
2. US$ 100 for trip delay as per the policy terms and conditions.

In addition we direct the OP to pay to the complainant a sum of Rs. 5000/- for mental agony suffered by which will also include the cost of litigation.

The order shall be complied by the OP within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 5,000/–. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Pronounced in open Forum on ........................

 

(S K SARVARIA)

PRESIDENT

                                                                                                                    (H M VYAS)                                     (NIPUR CHANDANA)

                                                                                                                         MEMBER                                                           MEMBER