Car dealer, insurance firm told to pay Rs 3.68 lakh
Mohali, October 14
The District Consumer Disputes Redressal Forum has directed a car dealer and an insurance company to pay Rs 3.68 lakh in compensation to a Chandigarh resident for deficiency in service and unfair trade practice.
In an order, forum president BS Mehandiratta directed Harman Motors, Industrial Area, Phase VII, and United India Insurance Company Limited, Sector 35, Chandigarh, to jointly and severally reimburse to the complainant an amount of Rs 1.2 lakh with interest thereon at the rate of 9 per cent per annum from the date of receipt till the date of actual payment.
Besides, the insurance company has been directed to reimburse the total insured value of the car i.e. Rs 2.48 lakh with interest thereon at the rate of 9 per cent per annum with effect from the date of institution of the complaint till the date of actual payment.
The complainant has been told to return the car to the insurance company on the receipt of the awarded amount.
Both opposite parties have also been directed to pay Rs 3,000 each towards the costs of litigation.
In his complaint, Balwinder Singh, a resident of Sector 47, Chandigarh, had claimed that his Indica car was insured with United India Insurance Company for Rs 2.48 lakh. The car met with an accident in November last year.
The insurance company was informed about the accident and it deputed its surveyor for the assessment of loss. He inspected the car at the complainant’s residence. On his instructions, the complainant removed the vehicle to the workshop of Harman Motors for repairs and was assured that the repair would be done within 20-25 days.
However, in spite of his repeated demand, the opposite party did not deliver the estimated costs of repairs till a complaint was filed.
The complainant alleged that on inspection of the car, he found that instead of replacing its damaged shell with a new one, it was replaced with an old one.
Some parts were also replaced with old ones.
Harman Motors, however, denied the allegation of deficiency in service and unfair trade practice.
It stated that the complaint involved complicated questions which could be decided only by a civil court.
It had also pleaded that it was just an agent of the insurance company, which was to instruct it regarding action to be taken with regard to the damaged car and the extent of repairs involved and the parts required to be changed. It denied having given an assurance of delivery of the car after repairs within 20-25 days. Harman Motors further pleaded that the shell of the car was fully damaged during the accident. However, the claim for its repair was not sanctioned by the insurance company as it was not within the terms and conditions of the insurance policy. Therefore, the complainant made a request to change the shell by replacing the same with a secondhand one.
United India Insurance, in its statement, pleaded that the complaint against it was without cause of action, there was no deficiency in service on its part and there were no allegations against it.
Mohali, October 14
The District Consumer Disputes Redressal Forum has directed a car dealer and an insurance company to pay Rs 3.68 lakh in compensation to a Chandigarh resident for deficiency in service and unfair trade practice.
In an order, forum president BS Mehandiratta directed Harman Motors, Industrial Area, Phase VII, and United India Insurance Company Limited, Sector 35, Chandigarh, to jointly and severally reimburse to the complainant an amount of Rs 1.2 lakh with interest thereon at the rate of 9 per cent per annum from the date of receipt till the date of actual payment.
Besides, the insurance company has been directed to reimburse the total insured value of the car i.e. Rs 2.48 lakh with interest thereon at the rate of 9 per cent per annum with effect from the date of institution of the complaint till the date of actual payment.
The complainant has been told to return the car to the insurance company on the receipt of the awarded amount.
Both opposite parties have also been directed to pay Rs 3,000 each towards the costs of litigation.
In his complaint, Balwinder Singh, a resident of Sector 47, Chandigarh, had claimed that his Indica car was insured with United India Insurance Company for Rs 2.48 lakh. The car met with an accident in November last year.
The insurance company was informed about the accident and it deputed its surveyor for the assessment of loss. He inspected the car at the complainant’s residence. On his instructions, the complainant removed the vehicle to the workshop of Harman Motors for repairs and was assured that the repair would be done within 20-25 days.
However, in spite of his repeated demand, the opposite party did not deliver the estimated costs of repairs till a complaint was filed.
The complainant alleged that on inspection of the car, he found that instead of replacing its damaged shell with a new one, it was replaced with an old one.
Some parts were also replaced with old ones.
Harman Motors, however, denied the allegation of deficiency in service and unfair trade practice.
It stated that the complaint involved complicated questions which could be decided only by a civil court.
It had also pleaded that it was just an agent of the insurance company, which was to instruct it regarding action to be taken with regard to the damaged car and the extent of repairs involved and the parts required to be changed. It denied having given an assurance of delivery of the car after repairs within 20-25 days. Harman Motors further pleaded that the shell of the car was fully damaged during the accident. However, the claim for its repair was not sanctioned by the insurance company as it was not within the terms and conditions of the insurance policy. Therefore, the complainant made a request to change the shell by replacing the same with a secondhand one.
United India Insurance, in its statement, pleaded that the complaint against it was without cause of action, there was no deficiency in service on its part and there were no allegations against it.
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