ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 21.06.2019 Date of Reserve : 06.12.2021 Date of Decision : 19.01.2022 Vishav Jindal aged about 37 years son of Sh.Manmohan Krishan Jindal, Resident of H.No.884, Street No.3, New Geeta Colony, Moga, Tehsil & District Moga.

……Appellant/Complainant Versus

1. ICICI Lombard General Insurance Company Limited, PF 1/5, IIIrd Floor, Kunal Towers, 88, Mall Road, Ludhiana.

2. ICICI Lombard General Insurance Company Limited, Backside of ICICI Prudential SCO Improvement Trust Market, G.T. Road, Moga, District Moga.

……Respondents/Opposite parties First Appeal under Section 15 of the Consumer Protection Act, as amended up to date, against the order dated 17.05.2019 of the District Consumer Disputes Redressal Forum, (now ‘Commission’), Moga.

Quorum:-

Mr. Rajinder Kumar Goyal, Presiding Member Mrs.Kiran Sibal, Member Present:-

For the appellant : Sh.Devinder Kumar, Advocate For the respondents: Sh.Sachin Ohri, Advocate RAJINDER KUMAR GOYAL, PRESIDING MEMBER The appellant/complainant has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 (as amended up to date) for modification of the order dated 17.05.2019 passed by the District Commission, whereby the complaint filed by the complainant was partly allowed and opposite parties were directed to make the payment of Rs.2,86,376/- jointly and severally, as compensation against his claim on the basis of report of surveyor along with interest at the rate of 9% per annum from the date of filing the complaint i.e. 06.10.2017 till realization. They were further directed to pay a lumpsum compensation of Rs.15,000/- for harassment and litigation expenses.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. As per the complaint, the complainant is the owner of vehicle Make Force Tempo bearing Registration No.PB-29-M-9831 which was insured with opposite parties for the period 30.03.2016 to 29.03.2017. On 02.11.2016, the vehicle met with an accident and an FIR was lodged to this effect. The opposite parties were informed about the accident and as per the directions of the officials of the opposite parties, the damaged vehicle was lodged with Nextgen Automobiles, Ludhiana Authorized dealer of the Manufactuer i.e. Force Motors Ltd., who prepared an estimate amounting to Rs.6,78,666/- and the said estimate was handed over to the representative of the opposite parties. The complainant lodged the claim, vide Claim No.MOTO6177682 and supplied the documents to the company on 30.06.2017 as per their request. The opposite parties informed that the repair charges are at higher side and the vehicle will be treated under the total loss scheme, to which the complainant agreed to. It was further averred that opposite parties sometimes informed that they will allow the repair and sometimes told that the vehicle is covered under the total loss. Later on, the opposite parties and its representative orally informed that the company has closed this case but without any written intimation. The opposite parties have not settled the claim nor make the payment of the due amount as per the Insurance Policy due to which the complainant is suffering monetary losses. Alleging deficiency in service on the part of the opposite parties, the complainant filed the complaint before the District Commission and sought the following directions against the opposite parties:

i) to pay the insurance claim amounting to Rs.5,14,543/-

or cost of repair i.e. amounting to Rs.6,78,666/- as per the loss estimate.

ii) to pay damages of Rs.30,000/- per month since November, 2016 and as per this upto the filing of the complaint the damages comes to Rs.2,70,000/- from the respondents. The complainant is also entitled to interest on the above referred all the due amount at the rate of 12% per annum till the date of occurrence till its realization.

3. Upon no