Tripura

West Tripura

CC/11/12

Sri Umesh Ch. Saha. - Complainant(s)

Versus

Ashok Leyland Finance Co. Pvt. Ltd. & others. - Opp.Party(s)

Mr.B.Majumder, Mr.P.Saha,Mr.P.Rathor,Miss.J.Chakraborty,Miss.C.Bardhan.

19 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-   12  of   2011

Sri Umesh Ch. Saha,
S/O- Rakhal Ch. Saha,
Natunnagar, P.S. Airport, 
District- West Tripura.            ..........Complainant.
     

___VERSUS___

Ashok Leyland Finance Co. (P)  Ltd.,
(Constituted under the companies Act 1956)
having its registered office at 
86, Chomiens Road, Chennai- 600 018,
(Represented by its Managing Director)
        
     
2. Ashok Leyland Finance Co. (P) Ltd.,
Branch Office at Durgabari Road, 
Agartala, P.S. West Agartala, 
District- Tripura West
(Represented by its Manager, Authorized Officer).

3. Rajarshi Motors(P) Ltd.,
Office at Assam- Agartala Road, 
Chandrapur, P.S. East Agartala,
The authorized dealer of 
Tata Engineering
(Represented by its 
Manager/ Authorized Officer).        .........Opposite parties.
    

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the Complainant        :  Sri Prabir Saha,
                       Sri Biswanath Majumdar, 
                       Advocates,
                      
For the OP. No.1 and 2         :  Sri Pradip Rathor,
                       Sri Dipankar Sarma,
                       Miss Jayeeta Chakraborty,
                       Advocate. 

For the O.P. No.3             : Sri A.K. Bhowmik, Sr. Advocate,
                      Sri Sukendu Rn Dey,
                      Sri Raju Datta,
                      Advocates.                                           

          
        JUDGMENT  DELIVERED  ON:  19.03.2016

J U D G M E N T
        This case was filed in the year 2011. Case of the complainant in short is that he entered into higher purchase agreement with the O.Ps on 14th December, 2001. He was paying the installments as per agreement and the installments includes the yearly premium of the Insurance. As per agreement period will cover from 14.12.2001 to 14.12.2005. The vehicle met accident on 23.01.2003. O.P. Insurance company was supposed to pay premium of the Insurance policy. But actually it was found that Insurance Policy premium was not paid. So, for the deficiency of service petitioner suffered. 

2.        O.P. No.1 and 2 appeared filed W.S in late on 31.10.2015., denying the claim. It is contended that O.P. No.1 and 2 had no deficiency of service. They are not supposed to pay insurance of the petitioner. Therefore, the claim is liable to be rejected.

3.        On the basis of contention raised by both the parties we are to decide the following points.
        (I) Whether the Opposite party are under liability to pay Insurance Policy premium regularly?
        (II) Whether there was any deficiency of service by the O.P. No.1 and 2?

4.            Both the parties produced some oral and documentary evidence. The petitioner side produced the statement of accounts, judgment of MACT Court, certificate of registration, sale certificate, letters, Exhibit- 1 Series. Petitioner also examined one witness i.e., the petitioner Umesh Ch. Saha. 

O.P. on the other hand examined one witness, Soumen Bhattacharjee, Branch Manager of Indus Bank. It is informed that all rights and liabilities lies with the Indus Bank.

FINDINGS & DECISION:

6.        We have gone through the documents. Evidence produced by both parties. It is found that the dispute actually arose long back in the year 2003. Such deficiency of service even if which alleged to have been occurred long back about 10 years back can not be brought before the  Consumer Court after long period as it is barred by limitation. Consumer Court can entertain such deficiency of service matter only  within 2 years of occurrence. The higher purchase agreement is also not related to consumer service matter.  Here only dispute is that O.P. Ashok Leyland, finance company was supposed to pay the insurance premium. But they did not pay the same. For that the liability of the motor accident  award was borne by petitioner. The financier can not be treated as owner. We have gone through the higher purchase agreement of 14.12.2001. There is nothing in the agreement to support that Ashok Leyland, finance company was supposed to pay insurance premium of the vehicle. In the statement of account nothing found to support that insurance premium was paid to the financier company of the petitioner. The amount of loan is to be paid by 36 installments @ Rs.15,675/-. Sometimes it was paid, sometimes there was less payment. But nothing comes out from the statement to support that insurance premium for the vehicle which met accident was paid by the petitioner along with the installment. When there is no such agreement the O.P. is not supposed to pay the same. Even if paid that is beyond agreement for which O.Ps will not be liable. The premium money therefore was not paid by the O.P. financier. From the documents receipt filed by the petitioner nothing comes out to support that O.Ps received the insurance premium from the petitioner and did not pay the same for the relevant period 2003- 2004 when the accident occurred. So, on careful scrutiny,  appreciation of the documents filed we are of the considered view that O.P. financier company had no deficiency of service. This petition is also barred by limitation and the petitioner is not entitled to get any compensation. Both the points are decided against the petitioner. 

        In view of our above findings over the points this petition  U/S 12 of the C.P. Act stands dismissed. The old pending case is disposed of accordingly.    

           
Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 
SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM,  AGARTALA, 
WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM,  AGARTALA,
 WEST TRIPURA.