Delhi

New Delhi

CC/744/2011

Ram Kumar - Complainant(s)

Versus

M/S. United India Insurance Company Ltd. - Opp.Party(s)

16 Mar 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/744/11                                                                                                                                                                              Dated:

In the matter of:

SHRI RAM KUMAR,

S/O SHRI CHOOTU RAM,

R/O VILLAGE CHHAWLA, P.O. CHAWLA, POLE NO.22 PAMA PACHHAIYA NAJAFGARH,

NEW DELHI-110071.

         ……..COMPLAINANT

 

VERSUS

 

1. M/S. UNITED INDIA INSURANCE CO. LTD.,

HEAD OFFICE, 8^TH FLOOR, KANCHANJANGHA BUILDING, 18, BARAKHAMBA ROAD,

NEW DELHI-11001

………. OPPOSITE PARTY

 

ORDER

Member :  Ritu Garodia

 

The short fact of alleged deficiency is that OP issued a motorcycle/scooter package policy bearing no.040/003110P001056552 with coverage period from 23.12.10 to 22.12.10 for on IDV of Rs.59,033/-  The vehicle was stolen on 9.3.11 and FIR was registered on 14.3.11.  The vehicle was recovered and released on superdari on 30.4.11 in a damaged condition and repair bill of Rs.22,493/- has been annexed.  OPs appointed a surveyor but failed to settle the claim as police recovery memo has not been filed.  This is a position stated in the reply.

Perusal of record reveals that complainant has stated on sworn affidavit that police recovery memo has been filed.  Surveyor report annexed admitted the accident but disallowed certain damages as being old.  None-the-less, surveyor has made detailed assessment of damages up to Rs.15,400/- as the lowest liability of Insurance Company.  OP has not settled the claim despite there being a surveyor report on assessed damages.

We, therefore hold OP guilty of deficiency in service and direct it to pay Rs.15,400/- with 9% interest from date of claim till realization.  We award Rs.10,000/- as compensation for harassment mental agony, and physical inconvenience.  We also award Rs.5,000/- for 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 16.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER