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Ravi Jindal (Owner)     02 September 2012

Pls advice

Hello Experts,

I'm in dilemma of what to do.

I took a car loan form HDFC bank. After 28 days of purchase of car, I met with accident and now car need to be repaired and amount for that is 2 lakhs.

Moreover Insurance company is not providing cashless facility for claim as my car was not permanently registered at the time of accident and this was the fault of dealer. I can not pay 2 lakhs upfront. Further I'm still unsure about the insurance company's intention of providing me claim even I pay upfront amount.

My car is in workshop from last 2 months and dealer will not repair it  untill they got the payment for repair either from me or from insurance company.

I already paid 2 EMI's of my loan. 

Now What should I do in this case as I've to pay emi of loan, even I'm not using the car and that is getting very painfull day by day.

What I want is either I'll get my car after getting cashless claim will have no problem in paying emi OR no car no emi.

please suggest me appropriate measures to get out of this mess. 

Regards

Prakhar



Learning

 10 Replies

R Trivedi (advocate.dma@gmail.com)     02 September 2012

The car cannot come out of show room without proper insurance. Your invoice would have taken care of insurance amount and you are not at fault. If the insurance company has cashless facility then you cannot be denied. Just go to dealer tell him point blank that it was his mistake because of that insurance paper work was not done properly and you have nothing to do with that. If he still does not do that go to police station and file the FIR that even after taking the insurance money, the dealer did not deposit the same with Insurance company and you are suffering because of that.  


(Guest)

Dear Friend

First you have to Furnish a legal notice to dealer.

SURESH GODBOLE (ADVOCATE)     03 September 2012

ITS STRANGE

NO  NEW CAR COMES OUT OF  SHOWROMM

UNLESS COMPREHENSIVE INSURANCE IS DONE

DO YOU HAVE THAT INSURANCE DOCUMENT WITH YOU


UNLESS THAT DOCUMENT IS PROVIDED

NO CAR CAR CAN ROLL OUT OF A SHOWROOM

THAT TOO COMPREHENSIVE INSURANCE IS A MUST

IF THE DOCUMENT YOU HAVE , THEN INSURANCE CO IS BOUND TO PAY

THE NUMBERS ARE ALREDY WITH THE SELLERS

ONLY REGISTRATION CERTIFICATE TAKES TIME

THAT TOO MUST HAVE BEEN ISSUED TILL NOW

THERE ABSOLUTELY SHOULD BE NO RELATION BETWEEN APPLIED FOR CAR ON BUSY ROADS and

REGISTERED CAR ON BUSY ROADS

AS FAR AS INSURANCE OF CAR IS CONCERNED

IT HAS TO BE DONE BEFORE IT ROLLS OUT OF SHOWROOM

OR ELSE SELLER IS GUILTY AND HIS OUTLET IS ENDANGERED TO BE CANCELLED

 

PL CLARIFY FOR FURTHER DOUBTS IF ANY

OR SEEMS I AM CRYSTAL CLEAR

SURESH GODBOLE (ADVOCATE)     03 September 2012

HDFC BANK

THE LOAN GIVER HAS NO ROLE TO PLAY IN THIS

ITS BETWEEN YOU AND INSURANCE CO AND THE SELLER

Biswajit Kumar Patra (Advocate)     03 September 2012

Dear Prakhar,

The insurance policy needs to be examined. Further prima facie it looks like you have a valid policy and you are entitled to the claim. After doing a little research i found a judgment one aspect of which is similar to yours. the citation is UIICL Vs. Parul Bala

You must prefer a consumer complaint at the earliest possible time.

ADV S PATHAK (lawyer)     03 September 2012

1. insurance cover note bears engine number, chasis number and address of owner. claim has nothing to do with temporary or permanent registration. claim is claim. insurance company's liability starts from the date of cover note.

2. these days all new vehicles are covered by cashless policy.

3. ur car agency and insurance agent must be same, CHECK.

4. if they dont listen to you file a complaint in district consumer forum for the same.

5. pay ur installment in time as finance company has nothing to do in this matter and ur CIBIL will become BAD for taking finance in future.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     04 September 2012

Mr Prakhar,

Very strange , how you can stop the EMI of concerned bank , where bank is in default , if you do this than no bank will provide you any facility in future due to CIBIL.

As well as policy is concerned , you must had checked  out the papers properly before taking the delivery of car. There must be time mentioned on cover note from which risk of insurance company starts . I am seeing first time in my life what you are saying , really i mean it .

Pl you scan your cover note and copy of bill on this , let we check it up , where is the problem. 

Ravi Jindal (Owner)     04 September 2012

Hi Sir,

I'm sharing my documents images please have a look on them

https://imgur.com/a/3zRQ0

regards

Prakhar


Attached File : 750272456 img038.jpg, 750272456 img037.jpg, 750272456 img036.jpg downloaded: 178 times

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     06 September 2012

Hi ,

I gone through your documents , there is no where that insurance company is not bound to accept the claim , from the face of policy it is very clear that company is responsible from time printed on it provided you are out of six conditions writen over there. Else you know better what they said exactly .

Prasun Chandra Das (Banker)     06 September 2012

Prakhar says "Moreover Insurance company is not providing cashless facility for claim as my car was not permanently registered at the time of accident and this was the fault of dealer".  He says that since the dealer had not arranged for car registration, it got delayed and the car was not registered at the time of the accident. That is why insurance Co.is denying the claim. So, Insurance was there when the car came out of the showroom and thereafter, but the claim is invalid due to the car not being registered (as the Ins.Co.is reasoning).

 

I have not seen the attachements, but if the insurance policy document does not mention anywhere that for payment against a claim, the car needs to be registered at the time of accident/making a claim, then I think the Insurance Co.should pay. If this clause is present, then the Ins.Co.is right in refusing the claim, but then the dealer is to be blamed. Consult a Lawyer and file a case in Consumer Court for faster decision against the Ins.Co./dealer, as the case may be.

 


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