Haryana

StateCommission

RP/139/2017

M/S LIBERTY VIDEOCON GENERAL INSURANCE COMPANY - Complainant(s)

Versus

SANJEEV JINDAL - Opp.Party(s)

RAJNEESH MALHOTRA

10 Jan 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

                                      Revision Petition No    :         139 of 2017

                                      Date of Institution        :         21.12.2017

                                      Date of Decision          :         10.01.2018

 

M/s Liberty Videocon General Insurance Company Limited having its Office at Unit No.13B and 14, Ground Floor, Palm Court Building, 20/4, Mehrauli Gurgaon Road, Sukhrali Chowk, Gurgaon, Haryana.

                                      Petitioner-Opposite Party

 

Versus

 

Sanjeev Jindal, resident of House No.130, Sector 15, Part 1, Gurgaon, Haryana.

Respondent-Complainant

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.

                             Shri Diwan Singh Chauhan, Member.                     

 

                                                                                                                  

Argued by:          Shri Rajneesh Malhotra, Advocate for petitioner

 

                                   

O R D E R

 

 

NAWAB SINGH J.(ORAL)

 

          By filing this revision petition, Liberty Videocon General Insurance Company Limited-opposite party (for short ‘Insurance Company’) has challenged the order dated November 23^rd, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby warrant of attachment of petitioner was issued. 

2.      Complaint No.502 of 2016 titled Sanjeev Jindal Vs. Liberty Videocon General Insurance Company Limited was decided by the District Forum vide order dated May 15^th, 2017 by holding as under:-

          “………thus we directed the opposite party to reimburse the claim in terms of the policy treating the vehicle on total loss basis alongwith interest at the rate of 9% per annum from the date of filing of this complaint till realization.  The complainant is also held entitled to Rs.25,000/- as compensation on account of mental agony and harassment as well as litigation charges.”

3.      Aggrieved of the aforesaid order, the petitioner filed Appeal No.820 of 2017, which was dismissed by the Additional Bench of this Commission by order dated February 28^th, 2017.

4.      Learned counsel for the petitioner has urged that the Insurance Company appointed the surveyor to assess the loss caused to the car.  The surveyor verified that it was a case of total loss.  He assessed the salvage value at Rs.2,50,000/-.  The Insured Declared Value (IDV) of the car was Rs.6,30,000/-.  The Insurance Company has paid Rs.4,15,161/- to the complainant calculating the IDV of Rs.6,30,000/- plus interest at the rate of 9% accrued thereon and Rs.25,000/- compensation as directed to the Insurance Company deducting the salvage value of the car, that is, Rs.2,50,000/-.  So, the Insurance Company has paid the amount to the complainant.  Since the entire amount has been paid, question attaching the account of petitioner does not arise.

5.      This Commission does not concur with the submission of learned counsel for the petitioner because in the order passed by the District Forum, it has been stated that the Insurance Company was liable to reimburse the claim in terms of the policy considering it was a case of total loss.  This plea which the petitioner has raised now was never raised before the Additional Bench as is gleaned from the order passed by the Additional Bench. 

6.      At this stage, this Commission cannot take into consideration the value of the salvage, that is, Rs.2,50,000/-. It has to be taken that the District Forum allowed the complaint directing the Insurance Company to pay the IDV of the car. 

7.      For the reasons recorded supra, the revision petition stands dismissed.               

 

 

Announced 10.01.2018

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

UK