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GAUTAM CHOURDIYA, RUCHI GOEL, GOPAL CHANDRA SHIL, PRAMOD KUMAR VARMA
Suresh Sharma – Appellant
Versus
Cholamandalam MS General Insurance Company – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Shri R.K. Bhawnani, Advocate
For the Opp. Party:Shri Deepesh Kumar Thawait, Advocate

ORDER

Gautam Chourdiya, President—The complainant has filed this complaint under Section 17 of the Consumer Protection Act 1986 (hereinafter called “the Act” for short) alleging deficiency in service and unfair trade practice on the part of the opposite party Insurance Company, seeking direction to the opposite party to pay the IDV Rs.29,70,974/- of the insured vehicle on total loss basis and thereby to pay the remaining amount Rs.20,70,974/- of the IDV after deducting Rs.9,00,000/- which was already paid to the financer of the vehicle. The said amount is sought to be paid along with interest @ 12% p.a. from the date of accident i.e. 21.02.2018. Rs.5,00,000/- as compensation for mental agony has also been sought along with cost of complaint.

2. Indisputably the complainant is the registered owner of vehicle bearing registration No.CG-07-BG-9537. The said vehicle was got insured from the opposite party insurance company under comprehensive motor vehicle insurance policy bearing No.3379/01761128/000/00 for the period between 23.06.2017 to 22.06.2018 and Insured Declared Value (IDV) Rs.29,70,974/-. The said vehicle met with road accident on 21.02.2018 and suffered severe damages due t

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