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GAUTAM CHOURDIYA, RUCHI GOEL, GOPAL CHANDRA SHIL, PRAMOD KUMAR VARMA
Suresh Sharma – Appellant
Versus
Cholamandalam MS General Insurance Company – Respondent
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
(1) Right to know settlement claim - The complainant was having a right at least to know about settlement of claim and if any amount is paid against settlement of his claim then at least an intimatio....
(1) Deductions not permissible to be deducted to determine total loss per terms of insurance policy.(2) Surveyor assessed the liability of the under the lowest liability, whereas it is a case of tota....
Repair Work – the insurance company should give the assessed amount immediately after the receipt of survey report in the office, so that the complainant could send his subject vehicle to the garage ....
The repudiation of an insurance claim based on alleged contradictions in statements is unjustified if there's substantive evidence supporting the claim and no violation of policy terms.
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