BHARTI AXA GENERAL INSURANCE COMPANY LIMITED Vs. VENUS

JUDGEMENT

(1.) THIS is an appeal filed by M/s. Bharti AXA General Insurance Company Limited -appellant (in short 'the appellant') against the order dated 12.1.2011 of the District Consumer Disputes Redressal Forum, Ferozepur (in short the 'District Forum') whereby the complaint of the respondent/complainant (in short, the respondent") was accepted by the District Forum.

(2.) BRIEFLY stated the facts are that the respondent purchased a car make Toyata Corolla Altis bearing Chassis No. 7614845 and Engine No. 3287665 from the authorized dealer of Toyata Motor Cars, Ludhiana in the month of February, 2010. She got the said car insured with the appellant by paying a premium of Rs. 26,991and insurance policy bearing No. FPV/10207951/P1/02/ DIP115 was issued to her which was valid for the period from 26.2.2010 to 25.2.2011. The appellant assured the respondent to provide world class services. The respondent applied for registration of the car with the Registering Authority, Ludhiana in the month of March, 2010 and she was provided temporary registration No. PB -10 -CPTEMP -2010 -7899 which was subsequently extended upto 25.5.2010 by the Registering Authority, Ludhiana. The respondent wanted to get the registration number of her choice i.e. CH -01 -AC -0021 for which she applied to the Regional Transport and Licensing Authority, U.T. Chandigarh vide application dated 23.3.2010. She was informed by the Registering Authority that the new series CH -01 -AC will be start in the month of May, 2010 and she was advised for the booking of the specific number in that very month. Again on 4.5.2010, the respondent deposited the requisite amount of Rs. 10,000 for the said number (paid number) with the Registering Authority, Chandigarh vide receipt No. BF -2181 dated 4.5.2010. The said special number was auctioned by the Registering Authority and the respondent could not get the said number in auction due to high price of the same and, as such, on 21.5.2010, the respondent was allotted registration No. CH -01 -AC -3719 of her car by the Registering Authority, Chandigarh.

(3.) IT was further pleaded that on the intervening night of 16/17th May, 2010, while the respondent was on her way on Zira -Ferozepur Road to her house at Ferozepur, the car met with an accident. D.D.R. No. 27 was lodged at P.S. Kulgari, District Ferozepur by the husband of the respondent on 18.5.2010 to this effect. The car in question was taken to the authorized dealer of Toyata Cars for repairs but the said dealer found the car to be beyond repairs. The appellant appointed the Surveyor, who assessed the loss. The requisite documents as demanded by the Surveyor were supplied to him by the respondent. However, the appellant repudiated the claim of the respondent illegally and wrongly vide letter dated 27.8.2010. Hence, alleging deficiency in service on the part of the appellant, the respondent filed a complaint with the prayer that the appellant may be directed to pay the claim of Rs. 12,94,985 with interest @ 18% per annum and prayed for compensation to the tune of Rs. 1,00,000 and Rs. 10,000 as litigation expenses.