IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 19.05.2017 Date of hearing: 18.07.2024 Date of Decision: 29.11.2024 COMPLAINT CASE NO.- 933/2017 IN THE MATTER OF MR. SANJAY SHARMA (DECEASED), THROUGH LR’S

1. MS. SAIRA SHARMA D/O LATE MR. BASANT LAL SHARMA, 2. MS. LALITA SHARMA, S/O LATE MR. BASANT LAL SHARMA, 3. MR. MITTER SAIN SHARMA, S/O LATE MR. BASANT LAL SHARMA ALL RESIDING AT:

D-99, GROUND FLOOR, MANSAROVAR, GARDEN, NEW DELHI – 110015.

(Through: Mr. Bhaskar Tiwari, Advocate)

…Complainant VERSUS IFFCO-TOKIO GENERAL INSURANCE CO. LTD., REGISTERED OFFICE:

IFFCO SADAN, C-1, DISTRICT CENTRE, SAKET, NEW DELHI – 110017.

ALSO, AT:

CUSTOMER SERVICE CENTRE:

UNIT NO. A & B4, 3^RD FLOOR, TDI CENTRE, JASOLA, NEW DELHI – 110025.

(Through: Mr. Deepak Kumar Vijay & Ms.

Neeru Sharma, Advocates)

… Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Ms. Saira Sharma, LR of the Complainant.

None for the OP.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The present complaint has been filed by the Complainant before this commission alleging deficiency of service and unfair trade practice on the Opposite Party and has prayed following reliefs: -

a. Pass an award in favour of the Complainant and against the Opposite Party for Rs.41,08,464 (Rupee Forty One Lakh Eight Thousand Four Hundred And Sixty Four) including interest calculated @ 12% per annum from 9th January, 2015 upto 8th May, 2017 of Rs.7,97,164/- (Rupee Seven Lakh Ninety Seven Thousand One Hundred And Sixty Four) alongwith pendent lite and future interest 12% per annum from the date of filing of this Complaint till its realisation; and damages on account of demurrage charges, loss of business due to non-utilisation of the Said Vehicle and mental agony suffered by the Complainant of Rs.5,00,000/- (Rupees Five Lakh).

b. Cost of the Proceedings may also be awarded to the Complainant.

c. Pass any other order which the Hon'ble Commission may deem fit and proper in the interest of ensuring justice as per the facts and circumstances of the case.”

2. Brief facts necessary for the adjudication of the present complaint are that in the year 2012, the Complainant purchased a refrigerated van, Make – ICV Class A1, GVW GT 4000, bearing registration no. HR- 55R-5180, Engine no. CRPZ 110396, Chassis No.

MB1UPMJB6CPPF8087. Thereafter, the Complainant obtained an insurance policy bearing no. 82535096 for the said vehicle for the period from 04.01.2013 to 03.01.2014. Subsequently, the Complainant renewed the policy, bearing no. 86557652, for the period from 27.01.2014 to 26.01.2015, with an insured declared value (IDV) of Rs. 28,11,300/-. On 06.06.2014, the Complainant transported a consignment of perishable goods from Muzaffarnagar (U.P.) to Navi Mumbai, Maharashtra. However, on 09.06.2014, the insured vehicle met with an accident near Baroda, Gujarat, due to a sudden drop in the speed of a car that overtook the insured vehicle. To avoid a collision, the driver, Mr. Sharwan Kumar, had to take a sharp turn to the left, resulting in the vehicle veering off the road and overturning, causing substantial damage to the insured vehicle as well as the goods.

3. The Complainant immediately informed the Opposite Party about the incident, whereupon the Opposite Party appointed M/s Parikh & Associates as the surveyor and assessor to inspect and assess the loss. Mr. Sailesh Shah, representing M/s Parikh & Associates, visited the accident site and, after inspection, instructed the Complainant to remove the vehicle. Accordingly, the Complainant arranged for the vehicle to be removed to a workshop, namely Landmark Commercial Vehicle Pvt. Ltd., through Jagdamba Crane Service at a cost of Rs. 18,000/-. Mr. Sailesh Shah revisited the Landmark workshop, took photographs of the vehicle, and obtained copies of all relevant documents. On 14.06.2014, the damaged vehicle was re-inspected by the surveyor in the presence of mechanics