Consumer panel penalises insurance firm Rs 10.35 lakh to Chandigarh BMW owner
In a landmark decision, State Consumer Disputes Redressal Commission asked Oriental Insurance, a leading insurance company 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.
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.