Delhi

New Delhi

CC/657/2013

Pradeep Singh - Complainant(s)

Versus

M/S. Oriental Insurance Company Pvt.Ltd. - Opp.Party(s)

28 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/657/13                                                                                                                                                                                Dated:

In the matter of:

Pradeep Singh,

R/o 51/6, Rajgarh Colony,

Delhi-110031

……..COMPLAINANT

       

VERSUS

1. Oriental Insurance Co. Ltd.,

Through its Regional Manager,

10^th FL, Hansalya Building, Barakhamba Road,

New Delhi-110001

 

2. Oriental Insurance Co. Ltd.,

Through its Manager

DO 23 Sarai Julena, 2/13-14,

Sarai Julena, New Delhi-110025

                         ………. OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

 

        The deficiency alleged on the part of OP insurance company is in relation to claim on the insured vehicle Honda city no. DL-5CB-5565, insured for IDV of Rs.1,89,000/- which got burnt on 29.09.12 during validity of insurance cover. There is no dispute on fact of burning of car and its survey by OP. The complainant is that instead of OP praying IDV of insured amount, accepted the recommendation of surveyor that company may replace the old burnt car, with another car of same make and year. The same is not acceptable to complainant. OP has in reply taken many objections but the main plea is that insurance policy allows this to be done.

        We have considered the matter summarily. In our considered view, the complainant has met with a bad experience with 2^nd hand car and is perfectly justified or afraid of same type of old car. Once the vehicle is insured, he is entitled to get the IDV as per rules, and old car if not acceptable cannot be imposed on him. We hold OP guilty of deficiency and direct OP to pay IDV of Rs.1,89,000/- for loss excess etc. with interest of 9% from 90^th day of claim till payment. We also award Rs.45,000/- for deficiency, harassment 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 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 28.04.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER