Delhi

New Delhi

CC/643/2007

Tarun Kumar - Complainant(s)

Versus

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

06 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/643/07                               Dated:

In the matter of:

SH. TARUN KUMAR

H.NO.194, SECTOR-41,

NOIDA.

                   ……..COMPLAINANT

 

VERSUS

 

UNITED INDIA INSURANCE COMPANY LTD.,

DO-18, A-11 , IST FLOOR,

SECTOR 19

NOIDA,

………. OPPOSITE PARTY

 

ORDER

President :  C.K. Chaturvedi

The complainant, whose car No.HR-55-CT-0344  insured with OP from 31.8.06 to 30.8.07, was damaged in an accident on with the road divider, 1.1.07, due to dense fog, and the police removed the driver in unconscious condition to RM Hospital.  Since no third party was invloved police was not informed, though police itself, rescued him and reached the spot.  The vehicle was taken to ‘Nawab Motors’ which allegedly gave a estimate of Rs.2,70,000/- placed on record.  The OP Company appointed a surveyor, who was provided with all the information. The complainant received a letter dt.22.2.07 from surveyor, Shri Rattan Kumar & Co. (Placed on record) seeking clarification for finalization of claim on repair basis.  It is alleged that in reply dt.3.3.07 giving all clarifications despite repeated requests the claim was not settled and closed.  After issuing of legal notice dt. 23.4.07 the complainant was filed.  The surveyor sent a letter dt. 9.7.07, informing him that the claim has to be settled on repair basis, but due to non cooperation and non-availability of complainant, the repair could not be started.

The OP in its reply has admitted all facts, and only stated that due to non-cooperation of complainant, the claim was closed.

We have carefully heard both the parties, perused the evidence and material on record.  It is admitted fact that ‘Nawab Motors” had gave estimate of Rs.2,70,000/- for repair to surveyor, but surveyor assed loss for of Rs.87,081/- only.  The report of surveyor disagreeing with estimate is not placed on record.  It is stated that complainant did not give directions for repair, and the actual loss is still not available.

We are surprised that vehicle is still stated to be out of repair since 2007.  The OP Company has not placed any single document issued to complainant since the claim to him to apprise of assessed loss by surveyor of Rs.87,081/- The OP is sitting over it, by closing the case.   This is irresponsible behavior of OP, and imperfection in dealing with complainant.  In the given circumstances, we direct OP to get fresh estimate of repair for car and get it repair by paying directly to ‘Nawab Motors”

We direct OP to the extent of insured amount and if more then insured amount to apprise complainant and take instruction for excess amount and  pay Rs.25,000/- to complainant for the 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 06.04.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER