Brief Facts –

The complainant, Sima Kumari, owns a Nissan Terrano covered by a

comprehensive warranty from Nissan India and an ICICI Lombard private car
package policy. Following an accident on 16.07.2022, neither Nissan nor the
insurance company provided the promised pick-up service. Sima brought her
vehicle to Nutan Nissan Garage, where it has remained since. Despite
assurances of repair, both entities delayed proceedings. Communication lapses,
unfulfilled promises, and shifting workshop excuses persisted. The insurance
company claimed to settle the claim by 22.10.2022, contradicting Nissan's
delayed repair, indicating potential misappropriation. Sima faced substantial
financial loss, mental distress, and undue charges upon finally receiving her
vehicle on 27.9.2023. Seeking compensation of Rs. 45,00,000 for harassment,
financial loss, and the year-long ordeal due to both parties' negligence and
misconduct.
Series of Events –

Date Event Description

July 16, 2022 Complainant's car meets with an accident.

Complainant delivers car to authorized Nissan Service
Center. ICICI Lombard requests details about the
July 17, 2022 accident
Complainant provides details and receives claim
July 18, 2022 registration.

July 20, 2022 Surveyor assigned by ICICI Lombard finally responds.

Complainant expresses concern via email to Nissan &
July 25, 2022 ICICI.

July 28, 2022 ICICI Lombard apologizes and requests 2 working days.

August 1, 2022 Complainant inquires about status, no response.

August 5, 2022 Complainant reminds both parties, still no response.

Both parties respond with assurances and promise
August 20, 2022 follow-up.
Both parties claim work order placed and car under
August 23, 2022 repair.
Complainant requests work order details, no immediate
August 27, 2022 response.

September 2, 2022 Both parties claim claim is under "top priority."

Complainant reminds both parties again, receives
September 10, 2022 apology.
Complainant sends photographs of car at workshop, no
November 4, 2022 response.

November 8, 2022 Complainant sends reminder, receives generic apology.

November 30, 2022 Nissan acknowledges workshop relocation delay.

 December 10, 2022 ICICI Lombard informs claim has been paid and closed.
ICICI Lombard confirms claim settlement date,
December 12, 2022 contradicting Nissan.
Nissan sends photos, claims parts on backorder,
December 31, 2022 delaying delivery.
Nissan repeats excuse of workshop relocation,
January 18, 2023 contradicting earlier promise.
Complainant sent a legal notice to all of the opposing
May 22, 2023 parties.
Complainant finally receives car, charged Rs. 12,132
September 27, 2023 despite cashless policy.

Complainant’s demand –

The complainant demands compensation totaling Rs. 45,00,000 (Forty-five

lakhs) based on various aspects:

Expenses Incurred:
a. Taxi Charges: Rs. 12,00,000 (Twelve lakhs) for taxi expenses over the year.
b. Mental Agony: Estimated at Rs. 20,00,000 (Twenty lakhs) due to prolonged ordeal and
stress.

Financial Loss:
a. Value of Vehicle: IDV (Insured Declared Value) of Rs. 9,42,857 (Nine lakhs forty-two
thousand eight hundred fifty-seven) due to vehicle retention.

Legal Costs:
a. Legal Expenses: Approximated at Rs. 5,00,000 (Five lakhs) for lawyer fees and other legal
costs.