North West District Consumer Disputes Redressal Forum, presided by Rakesh Kapoor, asked ICICI Lombard GIC Ltd to pay the amount, including claim for cost of repairs and compensation, to Delhi resident Kamlesh.
"... The act of repudiation of claim of the complainant on plea that insured vehicle had a capacity of 6+1 is unjustified and uncalled for. The Opposite party (insurance firm) was deficient in rendering services to complainant," the forum's bench, also comprising its members Vikram Kumar Dabas and Promila Seth said.
"Therefore it is inappropriate on the part of insurance firm to say that vehicle was having a seating capacity of 6+1 instead of seven (plus one)," the forum said, noting that Kamlesh had placed on record the customer copy of cover note issued in her favour which showed licenced passenger capacity as seven.
It added that even otherwise since the vehicle met with an accident, it was hardly relevant as to whether it had a seating capacity of 6+1 or seven (plus one).
However, the firm refused to settle the claim and a legal notice was served to it which was ignored. Aggrieved by this, she approached the forum.
The insurance firm, however, contended before the forum that there was mala fide intention on the part of complainant and the amount claimed in the complaint was exorbitant and it was without any merits.
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