it is necessary to peruse terms and conditions of policy to advice

2) The insured private car shall be treated as CTL if the aggregate cost of retrieval and/ or repair of the private car, subject to terms and conditions of the policy, exceeds 75% of the IDV of the private car.

3)Hon'ble National Consumer Commission titled as General Manager HDFC Ergo General Insurance Co Ltd vs. Venkata Ramesh Dabbara II(2019) CPJ-141 wherein it was observed by Hon'ble National Consumer Commission that the company showroom has assessed the damage to the vehicle to the tune of Rs. 30,96,081/- and according to the surveyor's report the repair cost would be Rs. 7,16,713/- and the vehicle was valued as Rs. 16,00,000/- and the declared insured's value was Rs. 12,42,500/-. Since the assessed value exceeds 75% of the IDV, the damage was considered to be total loss.

Insured value of vehicle is 10L and estimated cost of repair is 9L. Insurer is advising you to sell the vehicle and if there is any shortfall in selling price, that shortfall will be made up by insurer. You are entitled to recover the costs of repair from insurer. You cannot be forced to sell the vehicle. Contractual obligation to pay costs of repairs overrides their policy terms. You can issue a lawyer's notice and file a complaint in District Consumer Commission under new District Consumer Commission. You will get costs of repairs with interest, compensation  for mental harassment, costs of complaint and lawyer's fee. Proceeding are very fast under new Consumer Protection Act, 2019.

Firstly you apply for insurance compensation for repair along with the estimate given by the car repair company.

Let the company give their reply in writing with proper reason thereon.

After that you can approach consumer forum with a complaint against the insurance company for deficiency in service.

- As per law, if the assessed value is more than 75% of the Insured Declared value , then it is considered as total loss. 

- However, if you want to retain the car after getting repaired , then send a legal notice to the Insurance company for taking responsibility of the loss.

- If no positive response, then file a compliant before the Consumer forum on the ground of deficiency of services and claim compensation for harassment as well. 

You can repair the same upto value of insured amount deducting the plastic parts and other deduction as per policy 

Dear client,  you have to go through the agreement and see the full term and conditions,  in case of an issue you can file a case to the consumer court.

First, lodge your claim for full refund with the insurance company in writing. If no response or no satisfactory reply after 30 days, lodge your complaint online with the Insurance Ombudsman for redress.