Delhi

New Delhi

CC/916/2009

Mahendra Kumar - Complainant(s)

Versus

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

29 May 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/916/09                                                                                                                                                                              Dated:

In the matter of:

Mr. Mahendra Kumar,

S/o Sri Durga Prasad,

R/o 22A, Highway Appt.,

SFS DDA Flats, Gazipur, Delhi-110096

……..COMPLAINANT

       

VERSUS

Reliance General Insurance,

202-210, 2nd Floor, Merchantile House,

15, K.G Marg, New Delhi-110001

Also at:

Reliance General Insurance

Plot no.60, 2nd Floor,

Okhla Industrial Estate, New Delhi-110001

                                         ……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The complainant had taken a comprehensive insurance coverage of his vehicle bearing no.DL4CNB2412 Scorpio covering period 26.10.07 to 25.10.08 with IDV value of Rs.7,40,107/-. Suddenly the said vehicle met with an accident in Ghaziabad and police complaint was also lodged on the same day of incidence i.e. on 22.04.08. It was towed to Koncept Automobile, Noida, for repair job. Service Centre issued an estimate of repair of Rs.5,59,450/- and same was forwarded to OP i.e. Reliance Insurance Company. Surveyor was appointed by OP and assessment was done but no intimation was given to workshop for repair the vehicle which remained lying at workshop unattended due to lack of approval. Ultimately OP repudiated the claim on 10.09.08 that complainant had sold the vehicle to Mr. Sanjev kumar, who has no vested interest in his insured property without supporting any documents. Further OP alleged that he has also tempered police report but copy enclosed does not indicate any manipulation.  Ultimately legal notice was also sent to OP but nothing responded. It appears that all documents pertaining to accidental said vehicle is in the name of Mahendra Kumar instead of Sanjeev Kumar as alleged by OP in his reply and evidence as well. OP has cooked a concocted story to decline the claim and created a irritating situation for complainant for total loss of vehicle in question dully hypothecated by ICICI Bank. It was very difficult situation for complainant either to pay EMI to bank or get to repair the accidental vehicle due to deliberate deficient attitude of OP. Consequently the said vehicle remained in workshop unattended for 25 days due to denial of the claim.

Thus, OP is directed either to get the vehicle be repaired at eastimated price if not possible, OP declared 100 % loss, is directed to pay IDV value i.e. Rs.7,40,107/- along with 9% interest from the date of assessment till paid as the said vehicle is lying with workshop unattended i.e. 22.04.08 till date. We also award Rs.60,000/- as harassment and litigation  expenses. Complainant is also directed to deposit original receipt of M/s. Koncept Automobiles actual paid to OP as well as Forum within 30 days of receipt of this order.

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 29.05.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER