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RUMNITA MITTAL
MAYUR BATRA – Appellant
Versus
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. – Respondent


Advocates Appeared:
Mr. N.P. Sahni and Mr. P.C. Yadav, Advocates, for the Appellant; Ms. Suman Bagga, Advocate, Mr. Kuldeep Singh Shamota, Advocate, for the Respondent

ORDER

Ms. Rumnita Mittal, Presiding Member - The vehicle of the Complainant met with an accident and was extensively damaged. The Insurance Company - O.P. No. l instead of declaring it as total loss and paying the claim of the insured amount directed for repairs of the vehicle in connivance of O.P. No. 2, the authorized service centre and dealer of the manufacturer of the car and since the repairs have not made the vehicle in question road worthy, the complainant has approached this Commission seeking reliefs mentioned in the prayer clause together with compensation of Rs. 7 lakh towards loss of use of vehicle and harassment and mental agony as well as cost of litigation.

2. The facts leading to the filing of the instant complaint, briefly stated are that the complainant had purchased a Ford Endeavour Sports Utility Vehicle (SUV) for Rs. 13,57,000, registered as a Private Vehicle in the name of the complainant vide registration No. DL 3C AN 0889 from O.P. No. 2, who are the Authorised Dealers and Repairers of the Ford India Pvt. Ltd.

3. The said vehicle was got insured from O.P. No. l, ICICI Lombard General Insurance Company Ltd., at the instance of O.P. No. 2, after payment of premi

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