State Consumer Disputes Redressal Commission informed a leading insurance company that it had wrongly rejected a of a Gurgaon-based complainant and has asked it to pay Rs 10,35,715 to the complainant to repair his car. The commission also asked the insurance firm to pay Rs 33,000 as cost of litigation.
Pronouncing the orders on October 7, the commission said, “The vehicle was manufactured in 2008. It was purchased by the complainant on October 7, 2011, and the accident took place on June 15, 2013. It being an old vehicle, depreciation in its value will also be applicable, when granting any relief to the complainant. There is nothing on record to prove that the claim was wrongly assessed by the surveyor appointed by the insurance firm. The said surveyor has given a detailed report to show that an amount of Rs 10,35,714.99, is payable to the complainant. The said report has not been challenged by placing on record any expert evidence, contrary to the same, by the complainant.”
The complainant, Sanjeev Mahajan, partner in Bombay Traders in Gurgaon stated in the complaint that his luxury vehicle a BMW, met with an accident on June 15, 2013. The said vehicle was purchased by the complainant from Bird Automotive. It was insured for the period starting from May 28, 2013 to May 27, 2014, on payment of an amount of Rs 70,272 to the Oriental Insurance Company.
The value of vehicle was assessed to be Rs 28 lakh. The said accident had occurred on account of heavy rain and an attempt on the part of driver to save an animal, who came in front of the vehicle. After accident, driver was taken to the hospital and on his medical examination; it was found by the doctor concerned that he was under the influence of liquor.
Mahajan had then made a request to the insurance company to send a surveyor, to assess loss caused to the vehicle, in question. However, the complainant was intimated by the insurance firm that let the repairs be conducted and survey will be conducted thereafter. The vehicle was then repaired and the complainant had paid Rs 23,40,495 for it. The claim assessed by the surveyor was, however, repudiated by the insurance firm. He then filed a case in the consumer courts July 11.