ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to pay compensation of Rs.3,50,000/- and Rs.2,000/- towards cost of litigation”.

            The brief fact of the case is that, the complainant purchased a Tractor and Trolly being financed by opposite parties. The complainant has paid down payment amount of Rs.1,10,000/- and the bank sanctioned loan of Rs.5,50,000/- and entered with an agreement with the bank and it is agreed that the complainant will bear the registration fees of the RTO and the opposite parties will pay the insurance premium and the complainant will pay the said loan amount in 59 equal installment @ of Rs.14,500/- in each month. The complainant ply the tractor by engaging driver and all on a sudden the aforesaid tractor met an accident on 08.12.2019 and the complainant was seriously injured and admitted in SCB Medical College & Hospital, Cuttack and spend more than Rs.3,00,000/-. The opposite parties gave assurance to the complainant that the insurance period covers for two years commencing from 03.9.2018 to 03.9.2020 but after accident on enquiry made by the complainant it was detected by the company that the accident has not covered the insurance period, the opposite parties paid insurance premium for one year only. After his accident due to financial crises, the complainant unable to pay the defaulted installments from 07.01.2020 to 07.8.2020. The opposite parties without considering the difficulties and financial loss of the complainant now in the process to seize the tractor and in case the opposite parties succeed in their attempt the complainant shall suffer irreparably which cannot be compensated at any cost.

            Both sides are regularly absent and we have gone through the records. We find no receipt, payment slip by complainant or any request to pay insurance premium to insurance company. Since premium has not been paid and accident not covered within the insured period, as such complainant fails to make out a case and there is no material available to show that complainant has paid the premium. As such complainant fails to make out a case and accordingly consumer complaint is dismissed. No cost.