NEW INDIA ASSURANCE CO. LTD. Vs. KUMAR GAURAV

JUDGEMENT

(1.) The facts of the case are that the Complainant, Kumar Gaurav purchased an Hyundai Verna Car on 23.4.2010 from M/s. Ultimate Automobiles Pvt Ltd/OP No. 5, manufactured by Hyundai Motors India (OPs 1 and 2), and insured with New India Assurance Co. Ltd. (OP Nos. 3 and 4). The Insured Declared Value (IDV) of car was Rs. 7.15 lakh. Unfortunately, the car met with an accident on 16.5.2011 and was badly damaged. Complainant informed the Insurance Company about the accident and took the car for repairs to OP No. 5, who gave an estimate for Rs. 7,38,252 for the repairs, including replacement of body shell of the car. The Insurance Company gave the instructions to the dealer for repairs of the vehicle but, car was not repaired for 7months due to non-availability of body shell car. Neither the dealer (OP-5), nor the Hyundai Motors India Ltd (HMIL), the manufacturer (OPs-1 and 2) was able to supply body shell. Therefore, the Complainant sent a legal notice to all the OPs for settlement of his claim, but to no avail. Thereafter, Complainant filed a complaint before District Consumer Disputes Redressal Forum, Chandigarh (in short, 'District Forum') against all the OPs for deficiency in service and unfair trade practice.

(2.) The District Forum held OP liable and directed to pay full insured IDV amount with interest @ 12% from the date filing of complaint. In addition, the Forum also allowed Rs. 50,000 as compensation for harassment and Rs. 15,000 for litigation expenses,

(3.) Aggrieved by the order of District Forum, OP filed the first appeal FA 331/2012 before State Consumer Disputes Redressal Commission (in short, 'State Commission'), which was dismissed.