IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 27.02.2020 Date of Reserving the order: 26.11.2024 Date of Decision: 20.01.2025 CONSUMR COMPLAINT NO.- 123/2020 IN THE MATTER OF Mr. Mohit Tomar S/o Shri Vijander Singh Tomar R/o A-181-182, Jhuggi Kalender Colony, Delhi (Through: Mr. S.L. Bhardwaj &

Mr. Mukesh Gahlot, Advocates)

…Complainant VERSUS ICICI Lombard General Insurance Co. Ltd.

Registered office at:

4th Floor, Red Fort Capital, Parsvnath Towers, Bhai veer singh Marg, Gole Market New Delhi, Delhi- 110001 Also at:

ICICI Lombard House- 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai- 400025 Also at:

Space No. 315, 3^rd Floor, Aggarwal City mall, Plot no. 04, Road No. 44, Pitampura, New Delhi- 110034 (Through: Mr. Anuj Chauhan, Advocate)

…Opposite party CORAM:

HON‟BLE MS. BIMLA KUMARI, PRESDING MEMBER Present: Mr. Mukesh Gahlot, counsel for Complainant Mr. Anuj Chauhan, counsel for Opposite Party PER: HON‟BLE MS. BIMLA KUMARI, PRESDING MEMBER

ORDER

1. The present complaint is filed by the complainant seeking relief against the deficiency in service and unfair trade practice on the part of the Opposite party as the Opposite party has repudiated the claim of the Complainant against the damage caused to the car of the Complainant.

2. It is the case of complainant that he is the owner of a Car, make "Mercedes- Benz S-Class-S350” which was registered with the Transport Department of Government of Delhi vide Registration bearing No. DL2FGA0050. The vehicle was insured by the Opposite Party vide policy No. 3001/173527923/00/B00 which was valid from 19.06.2019 to 19.06.2020. The complainant was regularly paying the premium of Rs.55,570/- per annum and the IDV value of the insured Car was Rs. 35,00,000/-

3. It is the case of Complainant that on

20.09.2019 at about 3:00 PM, his brother, Mr. Anuj Tomar took the above said car to go to Karol Bagh, Delhi. At about 4:00 PM, he almost crossed NH-24 Crossing Republic and reached in front of IPEM College, Vijay Nagar Ghaziabad. Suddenly, a cow came on the road from the right side and to save the said cow, the brother of the complainant drove the Car left but to his dismay the Car severally bumped and run over onto a very huge “Cemented Concrete Slab" lying on the left side of the road due to which the insured Car got damaged. However, the brother of the complainant, Mr. Anuj Tomar, by god grace, sustained minor injuries on his forehead.

4. It is the further case of complainant that immediate intimation was given to the Opposite Party‟s toll free number and he asked for sending the Crane. The Crane reached at about 9:00 PM and the damaged insured vehicle was sent to the service Station/ work shop of Mercedes- Benz Sahibabad, which estimated the bill to the tune of Rs. 71,74,528.64. The complainant lodged the claim for reimbursement of the said amount vide Claim No. MOTO9200214.

5. It is the further case of complainant that on 25.10.2019, the Complainant and his brother gave the written information to the Opposite Party regarding the accident and showed the place of incident to the Investigator of Opposite Party, namely, Sh. Vikas Verma. On 27.11.2019 and 12.12.2019, the Opposite Party asked the complainant to submit purchase invoice despite knowing the fact that all the documents were provided by the Complainant to the Opposite Party at the time of filling the claim i.e., on 25.10.2019. Since despite regular follow ups, the Opposite Party was paying no heed to the claim of the complainant, he was constrained to send a Legal Notice dated 10.1.2020 to the Opposite Party on 13.01.2020. But, the Opposite Party despite the service of the legal notice failed to honour the claim of the complainant. The Opposite Party vide its letter dated 01.02.2020, informed the Complainant through e-mail and told about rejection of his claim on the ground of "MISREPRESENTATION OF THE FACTS.”

6. It is, thus, the case of complainant that the opposite party has arbitrarily re