RAJESH VASISHT Phone (R) 27017254, 27021935
Mob 9313882280, (o) 23946511
ADVOCATE Chamber 779, Western Wing, Tis Hazari Court Delhi-110 054
ADDITIONAL STANDING COUNSEL Office Room No.130, 1st floor Tis Hazri Court, Delhi-110 054
(GOVT OF INDIA) Resi 88, Harsh Vihar, Pitampura Delhi-110 034
Date: 13 Jun 2009
REGD. A.D/U.P.C
To,
ICICI Lombard General Insurance Co. Ltd.
Regional Claim Manager, (Shri Bupesh Sharma)
Space No.315, 3rd floor,
Aggarwal City Mall,
Plot No.4, Road No.44,
Land Mark, Rani Bagh,
New Delhi-110 034
LEGAL NOTICE

Under instructions from and on behalf of my client, Shri Manoj Kumar Jaimini S/O late Shri R.K Jaimini, R/O H.No.365, Village & P.O Samalka, New Delhi-110 037, I have to serve you with the following legal notice :-

1. That my client is the registered owner of the vehicle i.e car make Ford Fiesta (Colour D White) bearing registration No. HR-55 FT 8063, having Chasis No.MAJBXXMRJB7S43416 and Engine No.7S43416.

2. That you addressee is insurance company engaged in various kinds of insurance activities and operating throughout the country. You are also providing the vehicle insurance with the prospective consumer, through out the country.

3. That the above said vehicle bearing Registration No.HR-55 FT 8063 is insured with you vide motor insurance Policy no.3004/54919465/00/000 dated 05.09.2008 valid from 05.09.2008 till 04.09.2009. The above said vehicle was in commercial use any my client completed all the formalities as per your requirements and instructions for getting the above said insurance Policy.

4. That the abovesaid vehicle was provided to M/S Metro City Cab on rental basis by my client but when he client approached for inspection of the abovesiad vehicle on 05.02.2009 only then it revealed to my client that the abovesaid firm M/S Metro City Cab by locking their office fled away, without handing over the possession of the abovesaid vehicle to my client, and after great efforts and enquiry it came to the knowledge M/S Metro City Cab fraudulently in a pre-planned hatched conspiracy cheated my client and taken away/theft his vehicle. Immediately my client contacted your concerned officials on telephone and apprised them about the same, who advised my client to lodge a complaint and after registration of FIR contacted them, and when later on, on enquiry it came to knowledge my client that there is no necessity to company for lodge an FIR and then came to the insurance company for lodging complaint, then my client lodged his claim dated 11.02.2009 through Telephone on your Helpline number.

5. That later on in this regard an FIR No.56/2009 dated 24.02.2009 at P.S Janakpuri, New Delhi, under Sections 406/420/120B/34 IPC was registered against said M/S Metro City Cab and other accused persons. After registration of the abovesaid FIR my client against contacted your officials and as per their instructions and requirements completed all the formalities for grant of claim, regarding his abovesaid car.

6. That thereafter the I.O of the case provided untrace report regarding abovesaid vehicle of my client and accordingly my client intimated you regarding the same and your executive approached my client on 17.05.2009 for collection of all the required document along with untraced report, which were provided by my client. Thereafter on various occasions my client contacted your officials regarding his claim and status of his claim, but they started lingering on the mater on one or other pretext with oblique motive.

7. That my client was surprised to receive a letter dated 08.06.2009 sent by you thereby you demanded a certified copy of untraced report of the above said vehicle through court, however, my client has already provided to you the untraced report provided by the S.H.O., which bears the signature and seal of SHO P.S Jankpuri, Delhi, but just to harass and humiliate my client you did not accept the same and despite various requests of my client your officials Cleary refused to accept the same as genuine one, without the seal of certified copy of the Court. However, it is pertinent to mention here that even on your official web-site it is clearly mentioned that Final report- A no trace report from the police saying that the vehicle cannot be located, should be provided to the concerned official. It is further pertinent to mention here that alleged demand of certified copy of untraced report from the Hon’ble court is unjustified and against the provisions of IRDA.

8. That on various occasions my client regularly approached to the officials of you in respect of the abovesaid insurance claim but the concerned officials further started lingering on the matter on one or other pretext. Thereafter your officials call my client at his office and acknowledge the claim of my client at his office and acknowledge the claim of my client as genuine, but to the utter shock and surprise of my client the said officials started lingering on the matter one or other pretext.

9. That the vehicle was duly insured with you and the said vehicle was under the period the validity of the said insurance, therefore, you are liable to compensate my client to his genuine claim, but you are lingering on the matter one or other pretext. It is further pertinent to mention here that despite various contacts and personal visiting at your office the matter could not be sort out and you are trying to escape from your legal liability to pay claim to my client, which clearly shows the deficiency on the part of you, being the insurer of the vehicle in question your are liable to pay claim amount to my client as per rules and regulations of the insurance, but you failed to do so, best reasons known to you.

10. That my client is a consumer of you and the acts and deeds on your part are illegal, unjust, unlawful, unfair, unreasonable, anti-customer, contrary to the fair trade practices as well as amounts to deficiency in service, is also in contrary to the objective and aim of “Customer-Care and satisfaction”. It is further penitent to mention here that meaning of the insurable claim is that in event of any mis-happening or damage/theft/mis-happening, the person may be compensated in terms of money so that damage cause to him may be decreased. It is further pertinent to mention here that my client is suffering damaged/monetary losses as his source of income has been lost and despite his genuine claim, you are not paying the genuine insurance amount to my client.


11. That my client is the consumer of you in respect of the above said insurance policy, and is entitled to get claim from you as per the above said insurance policy, but you have failed to discharge your part of duties without any justification and sufficient reasons, which amounts to deficiency in services on your part, and is against the principle of fair trade practices/provisions of IRDA.

12. That you have harassed my client by not paying the genuine and valid claim of my client in regard to his above said vehicle, and which had resulted financially loss/damaged, mental agony and had to waste for precious time in pursuing the matter with you, but without any result. My client is suffering monetary loss @ Rs.25, 000/- per month in the absence of his vehicle/claim, hence your are liable to pay damages to my client.

13. That because of the illegal acts and deeds of you my clients suffered mentally, physically and financially for which your are liable to pay compensation and your are also liable to pay the legal expenses which were imposed upon my client due to the deficiency in services by you. You are failed to provide the services which you promised to provide to my client.

I, thus, through this legal notice call upon you the addressees to pay a sum of Rs.5, 80, 000/-(Rupees Five lacs Eighty Thousand only) to my client towards his genuine claim amount in respect of the above said vehicle, and Rs.25, 000/- per month towards financial losses/damages suffered by my client, and Rs.1, 00, 000/- (Rupees One Lac only) on account of mental harassment caused by my client due to acts and deed of your and deficiency in services on your part, within 7 days form the date of receipt of this legal notice, failing which my client shall be left with not other alterative but to approach the competent court of law/forum/authority for redressal of his grievances, entirely at your risks, cost and consequences, which please note.

You are also liable to pay Rs.5500/- towards this legal notice charges.

Copy kept.


Sd/-
(Rajesh Vasisht)
Advocate

Previous correspondence on above subject

02 Jun 09

To,
The Corporate Manager Service Quality (Kind Attn Mr Nilesh Kumar)
ICICI Lombard General Insurance Company Ltd

SUBJECT: CUSTOMER HARRASSMENT (MOT 01025939, MOT 01025887 & MOT 01026096)

1. Reference is made to e-mail sent to your company’s customer Support and level 1 (Interaction ID 2705091600) respectively (copies enclosed for your ready references). I have put up all my extreme efforts to know the status of these claims pending since 4 months, but till date all my efforts are gone in vain. Even at your level-1 and Customer supports, I didn’t get the satisfactory response from your company despite of many complaints. The sad part is that no one is even bothered to give me the feedback on subject issue. I, along with all the claimants personally met Mr Ashok Goswai and claim Manger (who recently got transferred from Mumbai) on 01 Jun 09 at your Pritam pura Office, New Delhi. On discussing Mr Ashok Goswai, stated that their office has not received any documents from the surveyor (Mr Sunil Malhotra, and could not further progress with the relevant documents. If you find any deficiencies in the documents submitted by the claimants, please let us know so that we can take necessary steps to fulfill all the requisite requirements. If no deficiencies are found in our documents, then please kindly let us know what is the progress and by what date we get the cheques of these theft claims.

2. We are very hard pressed by the finance company’s through which we had taken loan for the said cars. We find it very difficult to pay EMI’s and at any time the finance company may sue us for not repaying in time.

3. We have motivated and inspired our friends and collegeaus to join your company and insured a total of 18 customer’s cars till date. Details are already been submitted in our earlier e-mail. Those customers are now expressing their dissatisfaction and are unwilling to renew their insurances in your company in this year. Sir, this kind of attitude of your company’s executives will adversely affect the good will of your company.

4. With a positive hope, I am writing this letter to you so that all the a/m claimants will get the fruitful result within a short period with your personal intervention. Kindly peruse the above mentioned e-mails. Letters sent by speed post) and do the needful at the earliest.

ICICI Lombard Customer

29 May 09

To,

The Service Quality Manager (Kind Attn Ms.Preeti Lochan)
ICICI Lombard General Insurance Company Ltd


SUBJECT: OUR MOTTO: CUSTOMER HARRASSMENT

1. With great agony I wish to bring out certain facts faced by claimants for there insurance claim. The complaints lodged with ICICI Lombard General Insurance are 210509728, 210509745, 210509779, 2705091600 & 270509594. Copies of previous emails are also attached for your ready references and for further prompt action. Details of the cars are given below:-

Car No Claim No Policy Number
(a) DLIY B 0817 MOT 01025939 3004/55398433/00/B00
(b) DLIY B 2381 MOT 01025887 3004/53587283/01/000
(c) HR-55 FT 8063 MOT 01026096 3004/54919465/00/000

2. All requisite documents of under mention stolen cars have already been submitted to the surveyor on 17 may 09 which includes Un-trace report from concerned police station stating vehicle is not recovered signed by SHO on 08 May 09.

3. Sir, I am the customer of ICICI Lombard and insured my own 02 cars in your company. Though I am not the claimant, why I am approaching you because, I am the one who instigated my friends and colleagues to join in your company and right now they all are blaming me for the delay in investigation process. Sir I am scared that one day I may also become the victim of this situation.

4. With a positive hope, I am writing this letter to you so that all the above mentioned claimant’s will get the fruitful result within a short period with your personal intervention. Kindly peruse the above mentioned e-mails and do the needful at the earliest.

Sd/-
ICICI Lombard Customer


29 May 09

To,
The Customer Support Manager
ICICI Lombard General Insurance Company Ltd

SUBJECT: OUR MOTTO: CUSTOMER HARRASSMENT

1. With great agony I wish to bring out certain facts faced by claimants for there insurance claim. The complaints lodged with ICICI Lombard General Insurance are 210509728, 210509745, 210509779, 2705091600 & 270509594. Copies of previous emails are also attached for your ready references and for further prompt action. Details of the cars are given below:-

Car No Claim No Policy Number
(a) DLIY B 0817 MOT 01025939 3004/55398433/00/B00
(b) DLIY B 2381 MOT 01025887 3004/53587283/01/000
(c) HR-55 FT 8063 MOT 01026096 3004/54919465/00/000

2. All requisite documents of under mention stolen cars have already been submitted to the surveyor on 17 may 09 which includes Un-trace report from concerned police station stating vehicle is not recovered signed by SHO on 08 May 09.

3. Sir, I am the customer of ICICI Lombard and insured my own 02 cars in your company. Though I am not the claimant, why I am approaching you because, I am the one who instigated my friends and colleagues to join in your company and right now they all are blaming me for the delay in investigation process. Sir I am scared that one day I may also become the victim of this situation.

4. With a positive hope, I am writing this letter to you so that all the above mentioned claimant’s will get the fruitful result within a short period with your personal intervention. Kindly peruse the above mentioned e-mails and do the needful at the earliest.

Sd/-

ICICI Lombard Customer

Copy to: The Service Quality Manager (Kind Attn Ms.Preeti Lochan)
ICICI Lombard General Insurance Company Ltd

E MAIL -1
Sir,

1. My friend’s cars are insured from ICICI Lombard General Insurance. They have lodged the theft claims on 11 Feb 09 details are given below:-

(a) HR-55 FT 8063 MOT 0102 6096
(b) DLIY-B 0817 MOT 0102 5939
(c) DLIY-B 2381 MOT 0102 5887

2. Surveyor (Sunil Malhotra) deputed by ICICI Lombard General Insurance is not at all bother to collect documents from the clients till date. However the complainants have received a Un-Trace report issued by Police Station Jankapuri. All the forms are collected after liaisioning with the person who has done the insurance of our cars. Deputed surveyor is least bothered to give forms and collect the same after completeness of forms.

3. On enquiring the same on telephone, the surveyor replies that “processing the claims in ICICI Lombard is very a tough job and time consuming, compared to other company’s who processing is very quick.” He indirectly indicates not to go for any insurance from ICICI lomabard. This man can prove a treat to your esteemed company. Kindly look into the matter.

4. Does your company monitors the progress of the claims or else the claims will be pending for years together? In our case it has been 04 months since we lodged a complaint at your company. If you feel the surveyor is not capable enough to handle the cases, it is kindly requested to change the surveyor and depute any other smart employ.

5. I am customer in your company and by seeing the above mentioned incidents I am in a great shock that how could a reputed company of your be in such a poor state? I am worried that what if my cart gets stolen and the same treatment will be given to me by your company since my two cars are also insured in your company. Can you explain, are we committing any crime by getting our car insured in your company?

6. Kindly forward requisite forms of your company for processing theft claims on my e-mail id. Further, kindly clarify after signing un-trace report by SHO of concerned police station after that any formality is required?

We hope that your company is capable enough in settling the claims at the earliest, so that we can stick to your company for each and every time. Hoping a positive response from your good office.


E MAIL -II
Sir,

1. Kindly instruct concerned surveyor to obtain prior appointment and collect the relevant documents from customer’s residence and with a supporting acknowledgement receipt.

Car NoHR-55 FT 8063 Claim No MOT 01026096 Not known surveyor
Car No. DLIY B 0817 Claim No MOT 01025939 Mr.Sunil Malhotra
Car No. DLIY B 2381 Claim No, MOT 0102 5887 Mr Sunil Malhotra

2. It is to bring to your kind notice that surveyor deputed for car No. DLIY B 0817 & DL IY B 2381 (Mr Sunil Malhotra) says that sitting in his office he is doing routine job like sending e-mails ICICI Lombard General Insurance regularly. Further he is habit of intimating the company that customer’s are not giving papers and not available at their residence whereas this is not true. When we get in touch with him on telephone he keeps on crying that he has a Wagon R car which runs on petrol and money paid for petrol by the company is too less so he could come to each and every customer and investigate the case personally. Further, he states that customers have bare all the expenditure to get their claim cleared.

3. In spite of taking prior appointment from Mr Sunil Malhotra, at one instance, Mr Inder Kumar Tiwari visited his office to hand over the papers for car No. DLIY B 2381 but he was not available at his office. Mr Inder Tiwari tried his best to hand over the papers to staff present over there, but failed as no one was ready to accept those papers and give acknowledgement. With no option left, Mr Inder kumar left a message to Mr Sunil Malhotra and intimated that he has handed over all the furnished documents to me and requested to collect the same from me. Further Mr Inder Kumar Tiwari has also intimated my contact no (9810601699) to Mr Sunil Malhotra so that it can be easy to get in touch with me. Not withstanding this, I called upon Mr Sunil Malhotra and intimated that completed papers are held with me and same needs to collect at the earliest. However, Mr Sunil Malhotra never cared to call back and collect the documents from me.

Left out furnished documents for car No.DLIY B 0817 and HR-55 FT 8063 are also to be collected from the residence of Hemlata Sharma and Mr Manoj Kumar Jaimini (Proprietor : Rajdhani Cars Tours & Travel) respectively.

4. Sir, you are requested to ask clarification/delay report from Mr Sunil Malohtra for un-necessary delays in collecting relevant documents from the above said clients. It is given to understand that Un-traced report is the final stage of settling claim document. We all have the untraced reports issued by the concerned police station. Even after fulfilling all the required formalities the surveyor is not ready to collect the documents and clear our claim.

5. Sir, we would like to know the duties and responsibilities of surveyor deputed by your company for settling theft claims.

6. Sir, it kindly not that following 18 cars have been insured in your company so far under M/S Rajdhani Cars Tours & Travels (Proprietor Mr Manoj Kumar Jaimini MOB -9971087700 Email id [email protected])

1. DLIY B 0752 10. DLIYB 1117
2. DLIYB 0753 11. DLIYB 1118
3. DLIYB 1177 12. DLIYB 1119
4. DLIYB 0817 13. DLIYB 1120
5. DLIYB 2950 14. DLIYA 4022
6. DLIYB 2351 15. HR-55 FT 8063
7. DLIYB 2381 16. HR-55 GT 2819
8. DLIYB 2689 17. DLIYB 2512
9. DLIYB 1116 18. UP-14 Y 2313

7. In spite of so many insurances at your company, your company’s surveyor is not taking enough of interest in clearing our claims. If this is the response we get from your company, then how can one think of getting insurances from your company in near future? Your company’s reputation will be at stake due to one or the odd employees like Mr Sunil Malhotra.


E MAIL -III

CUSTOMER HARRASHMENT IS OUR SATISFACTION

Sir,

1. I have lodge many complaints with ICICI Lombard General Insurance. Complaint Numbers are 210509728, 210509745, 210509779, 2705091600 & 270509594.

2. All requisite documents of under mention stolen cars have already been submitted to the surveyor on 17 May 09 which includes un-trace reports from concerned police stations signed by SHO:-
(a) DLIY B 0817 MOT 01025939
(b) DLIY B 2381 MOT 01025887
(c) HR-55 FT 8063 MOT 01026096

3. Surveyor deputed by ICICI Lombard General Insurance i.e Mr Sunil Malhotra (MOB: 9811414613) for cars DLIY B 0817 & DLIY B 2381 states that he is not in sound financial conditions who can deal with each and single claims. He is not at all bothered to attend the cellphone calls of the claimants or never cared to call back. Whenever the clients' contact him to collect the documents he says “I am using Wagon R car but I am not getting sufficient money for petrol to attend all claimants personally and cannot collect the papers from them”. Further, he states that he has to investigate the so many cases and has to visit different places like garage, police station etc, however, in return ICICI Lombard is paying very less money for investigation. In order to save money he is in a habit of accumulating the claims and collectively investigates two to three claimants’ cases at a time. He says “If I start visiting places for each single cases, than it will be better for me to sit at home rather paying money from my pocket, as the company is not paying sufficient amount of money to deal with the cases and I am unsatisfied with the company's pay structure in spite of serving for 8 years and that I am planning to quit this job very soon”.

4. Sir, I would like to know that how many days are normally allotted to surveyor for completing the investigation? In our case, almost 4 months (i.e.3 months 17 days) have elapsed and the investigation is not yet completed. We have intimated the insurance company on 11 Feb 09 with a brief report. Don't you feel that 4 months is good amount of time for any company executive to investigate the case? Or don't you feel that your company's surveyor Sunil Malhotra is not capable to investigate the matters within the stipulated period? Surveyor says that no individual has got the rights to question him for inordinate delays and that he will take his own time to complete the investigation and will forward the same to claim department. Notwithstanding this, we have approached his supervisor Mr Ashok Goswai on his mobile number 9873918961. Mr Ashok said “ Mr Sunil is over burdened and the process of investigation will take time and advised me to call Mr Ajit (9999788574), in other words he just want to skip off and to does not want to respond satisfactorily.

5. Sir, kindly advise whether I should pay all the expenses like taxi, mobile bills etc to the surveyor (Mr Sunil Malhotra) to expedite the investigation in my case.

6. In response to my online complaints, I have received an SMS on 21 May 09 from your company stating that my compliant will be processed within 05 working days, and simultaneously the claim will be settled within 21 days, but till date no feedback has been received from your end. Not receiving any response from the company made me to lodge a complaint once again on 27 May 09 hoping a positive response at least this time.

7. Sir, I advised my friends and colleagues to get insured in your company seeing the advertisement made by your company through various Medias. Now that, I am getting a serious blows from my friends for instigating them to join / getting insured in your company. Because of me, my friends are in trouble and facing problem in settling their claims. They are visiting my home and directly blaming me in front of my family member which is very humiliating. Unfortunately my own, two cars are also been insured with ICICI Lombard. Does your esteemed company feel that I am at fault or I have committed any such crime by promoting your company? Sadly, the following cars are also been insured with ICICI Lombard. After my case, I daily pray to god that nothing happens to these cars, or else I will be at great trouble and will be forced to change my residence.

8. Sir, it kindly not that following 18 cars have been insured in your company so far under M/S Rajdhani Cars Tours & Travels (Proprietor Mr Manoj Kumar Jaimini MOB -9971087700 Email id [email protected])

1. DLIY B 0752 10. DLIYB 1117
2. DLIYB 0753 11. DLIYB 1118
3. DLIYB 1177 12. DLIYB 1119
4. DLIYB 0817 13. DLIYB 1120
5. DLIYB 2950 14. DLIYA 4022
6. DLIYB 2351 15. HR-55 FT 8063
7. DLIYB 2381 16. HR-55 GT 2819
8. DLIYB 2689 17. DLIYB 2512
9. DLIYB 1116 18. UP-14 Y 2313

9. In spite of so many insurances at your company, your company’s surveyor is not taking enough of interest in clearing our claims. If this is the response we get from your company, then how can one think of getting insurances from your company in near future? Your company’s reputation will be at stake due to one or the odd employees like Mr Sunil Malhotra.


RAJESH VASISHT Phone (R) 27017254, 27021935
Mob 9313882280, (o) 23946511
ADVOCATE Chamber 779, Western Wing, Tis Hazari Court Delhi-110 054
ADDITIONAL STANDING COUNSEL Office Room No.130, 1st floor Tis Hazri Court, Delhi-110 054
(GOVT OF INDIA) Resi 88, Harsh Vihar, Pitampura Delhi-110 034
Date: 13 Jun 2009
REGD. A.D/U.P.C
To,
ICICI Lombard General Insurance Co. Ltd.
Regional Claim Manager, (Shri Bupesh Sharma)
Space No.315, 3rd floor,
Aggarwal City Mall,
Plot No.4, Road No.44,
Land Mark, Rani Bagh,
New Delhi-110 034
LEGAL NOTICE

Under instructions from and on behalf of my client, Shri Inder Kumar Tiwari, R/O 278, Resettlement Colony, Block No.9, Khichripur, Delhi-110 091, I have to serve you with the following legal notice :-

1. That my client is the registered owner of the vehicle i.e car make Ford Fiesta (Colour D White) bearing registration No. DLI-Y- B- 2381, having Chasis No.MAJBXXMRJB7U48828 and Engine No.7U48828.

2. That you addressee is insurance company engaged in various kinds of insurance activities and operating throughout the country. You are also providing the vehicle insurance with the prospective consumer, through out the country.

3. That the above said vehicle bearing Registration No.DLIY-B-2381 is insured with you vide motor insurance Policy no.3004/53587283/01/000 dated 21.11.2008 valid from 21.11.2008 till 20.11.2009. The above said vehicle was in commercial use any my client completed all the formalities as per your requirements and instructions for getting the above said insurance Policy.

4. That the abovesaid vehicle was provided to M/S Metro City Cab on rental basis by my client but when he client approached for inspection of the abovesiad vehicle on 05.02.2009 only then it revealed to my client that the abovesaid firm M/S Metro City Cab by locking their office fled away, without handing over the possession of the abovesaid vehicle to my client, and after great efforts and enquiry it came to the knowledge M/S Metro City Cab fraudulently in a pre-planned hatched conspiracy cheated my client and taken away/theft his vehicle. Immediately my client contacted your concerned officials on telephone and apprised them about the same, who advised my client to lodge a complaint and after registration of FIR contacted them, and when later on, on enquiry it came to knowledge my client that there is no necessity to company for lodge an FIR and then came to the insurance company for lodging complaint, then my client lodged his claim dated 11.02.2009 through Telephone on your Helpline number.

5. That later on in this regard an FIR No.56/2009 dated 24.02.2009 at P.S Janakpuri, New Delhi, under Sections 406/420/120B/34 IPC was registered against said M/S Metro City Cab and other accused persons. After registration of the abovesaid FIR my client against contacted your officials and as per their instructions and requirements completed all the formalities for grant of claim, regarding his abovesaid car.

6. That thereafter the I.O of the case provided untrace report regarding abovesaid vehicle of my client and accordingly my client intimated you regarding the same and your executive approached my client on 17.05.2009 for collection of all the required document along with untraced report, which were provided by my client. Thereafter on various occasions my client contacted your officials regarding his claim and status of his claim, but they started lingering on the mater on one or other pretext with oblique motive.

7. That my client was surprised to receive a letter dated 08.06.2009 sent by you thereby you demanded a certified copy of untraced report of the above said vehicle through court, however, my client has already provided to you the untraced report provided by the S.H.O., which bears the signature and seal of SHO P.S Jankpuri, Delhi, but just to harass and humiliate my client you did not accept the same and despite various requests of my client your officials Cleary refused to accept the same as genuine one, without the seal of certified copy of the Court. However, it is pertinent to mention here that even on your official web-site it is clearly mentioned that Final report- A no trace report from the police saying that the vehicle cannot be located, should be provided to the concerned official. It is further pertinent to mention here that alleged demand of certified copy of untraced report from the Hon’ble court is unjustified and against the provisions of IRDA.

8. That on various occasions my client regularly approached to the officials of you in respect of the abovesaid insurance claim but the concerned officials further started lingering on the matter on one or other pretext. Thereafter your officials call my client at his office and acknowledge the claim of my client at his office and acknowledge the claim of my client as genuine, but to the utter shock and surprise of my client the said officials started lingering on the matter one or other pretext.

9. That the vehicle was duly insured with you and the said vehicle was under the period the validity of the said insurance, therefore, you are liable to compensate my client to his genuine claim, but you are lingering on the matter one or other pretext. It is further pertinent to mention here that despite various contacts and personal visiting at your office the matter could not be sort out and you are trying to escape from your legal liability to pay claim to my client, which clearly shows the deficiency on the part of you, being the insurer of the vehicle in question your are liable to pay claim amount to my client as per rules and regulations of the insurance, but you failed to do so, best reasons known to you.

10. That my client is a consumer of you and the acts and deeds on your part are illegal, unjust, unlawful, unfair, unreasonable, anti-customer, contrary to the fair trade practices as well as amounts to deficiency in service, is also in contrary to the objective and aim of “Customer-Care and satisfaction”. It is further penitent to mention here that meaning of the insurable claim is that in event of any mis-happening or damage/theft/mis-happening, the person may be compensated in terms of money so that damage cause to him may be decreased. It is further pertinent to mention here that my client is suffering damaged/monetary losses as his source of income has been lost and despite his genuine claim, you are not paying the genuine insurance amount to my client.


11. That my client is the consumer of you in respect of the above said insurance policy, and is entitled to get claim from you as per the above said insurance policy, but you have failed to discharge your part of duties without any justification and sufficient reasons, which amounts to deficiency in services on your part, and is against the principle of fair trade practices/provisions of IRDA.

12. That you have harassed my client by not paying the genuine and valid claim of my client in regard to his above said vehicle, and which had resulted financially loss/damaged, mental agony and had to waste for precious time in pursuing the matter with you, but without any result. My client is suffering monetary loss @ Rs.25, 000/- per month in the absence of his vehicle/claim, hence your are liable to pay damages to my client.

13. That because of the illegal acts and deeds of you my clients suffered mentally, physically and financially for which your are liable to pay compensation and your are also liable to pay the legal expenses which were imposed upon my client due to the deficiency in services by you. You are failed to provide the services which you promised to provide to my client.

I, thus, through this legal notice call upon you the addressees to pay a sum of Rs.5, 80, 000/-(Rupees Five lacs Eighty Thousand only) to my client towards his genuine claim amount in respect of the above said vehicle, and Rs.25, 000/- per month towards financial losses/damages suffered by my client, and Rs.1, 00, 000/- (Rupees One Lac only) on account of mental harassment caused by my client due to acts and deed of your and deficiency in services on your part, within 7 days form the date of receipt of this legal notice, failing which my client shall be left with not other alterative but to approach the competent court of law/forum/authority for redressal of his grievances, entirely at your risks, cost and consequences, which please note.

You are also liable to pay Rs.5500/- towards this legal notice charges.

Copy kept.


Sd/-
(Rajesh Vasisht)
Advocate

RAJESH VASISHT Phone (R) 27017254, 27021935
Mob 9313882280, (o) 23946511
ADVOCATE Chamber 779, Western Wing, Tis Hazari Court Delhi-110 054
ADDITIONAL STANDING COUNSEL Office Room No.130, 1st floor Tis Hazri Court, Delhi-110 054
(GOVT OF INDIA) Resi 88, Harsh Vihar, Pitampura Delhi-110 034
Date: 13 Jun 2009
REGD. A.D/U.P.C
To,
ICICI Lombard General Insurance Co. Ltd.
Regional Claim Manager, (Shri Bupesh Sharma)
Space No.315, 3rd floor,
Aggarwal City Mall,
Plot No.4, Road No.44,
Land Mark, Rani Bagh,
New Delhi-110 034
LEGAL NOTICE

Under instructions from and on behalf of my client, Mrs. Hemlata, W/O Shri Sunil Dutta, R/O RZF-583/02, Rajnagr Part-II, Palam Colony, New Delhi-110 045, I have to serve you with the following legal notice :-

1. That my client is the registered owner of the vehicle i.e car make Ford Fiesta (Colour D White) bearing registration No. DLIY-B-0817, having Chasis No.MAJBXXMRJB7Y41334 and Engine No.7Y41334.

2. That you addressee is insurance company engaged in various kinds of insurance activities and operating throughout the country. You are also providing the vehicle insurance with the prospective consumer, through out the country.

3. That the above said vehicle bearing Registration No.DLIY-B-0817 is insured with you vide motor insurance Policy no.3004/55398433/00/B00 dated 08.11.2008 valid from 08.11.2008 till 07.11.2009. The above said vehicle was in commercial use any my client completed all the formalities as per your requirements and instructions for getting the above said insurance Policy.

4. That the abovesaid vehicle was provided to M/S Metro City Cab on rental basis by my client but when he client approached for inspection of the abovesiad vehicle on 05.02.2009 only then it revealed to my client that the abovesaid firm M/S Metro City Cab by locking their office fled away, without handing over the possession of the abovesaid vehicle to my client, and after great efforts and enquiry it came to the knowledge M/S Metro City Cab fraudulently in a pre-planned hatched conspiracy cheated my client and taken away/theft his vehicle. Immediately my client contacted your concerned officials on telephone and apprised them about the same, who advised my client to lodge a complaint and after registration of FIR contacted them, and when later on, on enquiry it came to knowledge my client that there is no necessity to company for lodge an FIR and then came to the insurance company for lodging complaint, then my client lodged his claim dated 11.02.2009 through Telephone on your Helpline number.

5. That later on in this regard an FIR No.56/2009 dated 24.02.2009 at P.S Janakpuri, New Delhi, under Sections 406/420/120B/34 IPC was registered against said M/S Metro City Cab and other accused persons. After registration of the abovesaid FIR my client against contacted your officials and as per their instructions and requirements completed all the formalities for grant of claim, regarding his abovesaid car.

6. That thereafter the I.O of the case provided untrace report regarding abovesaid vehicle of my client and accordingly my client intimated you regarding the same and your executive approached my client on 17.05.2009 for collection of all the required document along with untraced report, which were provided by my client. Thereafter on various occasions my client contacted your officials regarding his claim and status of his claim, but they started lingering on the mater on one or other pretext with oblique motive.

7. That my client was surprised to receive a letter dated 08.06.2009 sent by you thereby you demanded a certified copy of untraced report of the above said vehicle through court, however, my client has already provided to you the untraced report provided by the S.H.O., which bears the signature and seal of SHO P.S Jankpuri, Delhi, but just to harass and humiliate my client you did not accept the same and despite various requests of my client your officials Cleary refused to accept the same as genuine one, without the seal of certified copy of the Court. However, it is pertinent to mention here that even on your official web-site it is clearly mentioned that Final report- A no trace report from the police saying that the vehicle cannot be located, should be provided to the concerned official. It is further pertinent to mention here that alleged demand of certified copy of untraced report from the Hon’ble court is unjustified and against the provisions of IRDA.

8. That on various occasions my client regularly approached to the officials of you in respect of the abovesaid insurance claim but the concerned officials further started lingering on the matter on one or other pretext. Thereafter your officials call my client at his office and acknowledge the claim of my client at his office and acknowledge the claim of my client as genuine, but to the utter shock and surprise of my client the said officials started lingering on the matter one or other pretext.

9. That the vehicle was duly insured with you and the said vehicle was under the period the validity of the said insurance, therefore, you are liable to compensate my client to his genuine claim, but you are lingering on the matter one or other pretext. It is further pertinent to mention here that despite various contacts and personal visiting at your office the matter could not be sort out and you are trying to escape from your legal liability to pay claim to my client, which clearly shows the deficiency on the part of you, being the insurer of the vehicle in question your are liable to pay claim amount to my client as per rules and regulations of the insurance, but you failed to do so, best reasons known to you.

10. That my client is a consumer of you and the acts and deeds on your part are illegal, unjust, unlawful, unfair, unreasonable, anti-customer, contrary to the fair trade practices as well as amounts to deficiency in service, is also in contrary to the objective and aim of “Customer-Care and satisfaction”. It is further penitent to mention here that meaning of the insurable claim is that in event of any mis-happening or damage/theft/mis-happening, the person may be compensated in terms of money so that damage cause to him may be decreased. It is further pertinent to mention here that my client is suffering damaged/monetary losses as his source of income has been lost and despite his genuine claim, you are not paying the genuine insurance amount to my client.


11. That my client is the consumer of you in respect of the above said insurance policy, and is entitled to get claim from you as per the above said insurance policy, but you have failed to discharge your part of duties without any justification and sufficient reasons, which amounts to deficiency in services on your part, and is against the principle of fair trade practices/provisions of IRDA.

12. That you have harassed my client by not paying the genuine and valid claim of my client in regard to his above said vehicle, and which had resulted financially loss/damaged, mental agony and had to waste for precious time in pursuing the matter with you, but without any result. My client is suffering monetary loss @ Rs.25, 000/- per month in the absence of his vehicle/claim, hence your are liable to pay damages to my client.

13. That because of the illegal acts and deeds of you my clients suffered mentally, physically and financially for which your are liable to pay compensation and your are also liable to pay the legal expenses which were imposed upon my client due to the deficiency in services by you. You are failed to provide the services which you promised to provide to my client.

I, thus, through this legal notice call upon you the addressees to pay a sum of Rs.5, 80, 000/-(Rupees Five lacs Eighty Thousand only) to my client towards his genuine claim amount in respect of the above said vehicle, and Rs.25, 000/- per month towards financial losses/damages suffered by my client, and Rs.1, 00, 000/- (Rupees One Lac only) on account of mental harassment caused by my client due to acts and deed of your and deficiency in services on your part, within 7 days form the date of receipt of this legal notice, failing which my client shall be left with not other alterative but to approach the competent court of law/forum/authority for redressal of his grievances, entirely at your risks, cost and consequences, which please note.

You are also liable to pay Rs.5500/- towards this legal notice charges.

Copy kept.


Sd/-
(Rajesh Vasisht)
Advocate