DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 10/2020
No. __________________ Dated : ____________________
IN THE MATTER OF:
BABU SINGH S/o LATE SH. HEERA SINGH,
R/o GALI No.4, RADHA VIHAR,
MUKANDPUR EXTN. PART-2,
DELHI-110042. …COMPLAINANT
VERSUS
BHARTI AXA GENE. INS. Co. LTD.,
BIGJO’S TOWER, LALA JAGAT NARAYAN MARG,
NETAJI SUBHASH PLACE,
WAZIR PUR, PITAM PURA, DELHI-110034.
ALSO AT: 1st FLOOR, FEMS ICON,
SURVEY No.-28, DODDANAKUNDI,
BANGALORE (BENGALURU)-560037. …OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 31.12.2019
Date of Decision: 20.01.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging
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that the complainant is owner of a vehicle make Maruti ECCO bearing Registration No. DL-8C-AJ-3877, though the said vehicle is in the name of Mohd. Salim Ansari but as the said Mohd. Salim Ansari executed a General Agreement dated 10.06.2016 and thereby handed over the said vehicle to the complainant and now the complainant has filed the present complaint on behalf of original owner and the said vehicle was insured with OP vide policy no.FPV/SA683011/11/07/005256 w.e.f. 22.07.2018 to 21.07.2019. The complainant further alleged that the vehicle met with an accident on 10.02.2019 at Pilkhua, Ghaziabad, U.P. and the said vehicle was driven by the complainant at the time of alleged accident who is a valid driving license holder vide DL No.-P08072000188658 and the factum of the accident of the said vehicle was informed to the office of OP and a surveyor namely Pradeep done requisite survey on behalf of OP and took photographs of the said vehicle in accidental condition and after that the complainant lifted the vehicle from the place of the accident through a crane and took the same in Delhi and got repaired the said vehicle. An amount of Rs.5,500/- was paid by the complainant towards the crane expenses and an amount of Rs.90,451/- was paid towards the mechanic & the vehicle parts expenses and OP declined the claim of the complainant without assigning any just reason and the complainant borrowed all the
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amount spended by him for the repair of the said vehicle from a person namely Jeetpal S/o Sh. Shobha Ram on 04.04.2019 on interest @ 2% per month. The complainant further alleged that due to the financial incapacity, the complainant is still unable to repay the said loan amount and the same is causing extra financial burden of Rs.2,000/- per month upon the complainant from 04.04.2019 and as such, an amount of Rs.1,15,951/- is due upon OP as on 04.01.2020 in which the extra financial burden of Rs.2,000/- per month w.e.f. 04.04.2019 to 04.01.2020 is included, however, OP has without any just explanation declined the claim of the complainant and the action of OP is arbitrary and the same is against the contract between OP and the act of OP amounts to cause fraud over the consumers and cheat the consumers. The complainant further alleged that the complainant sent a legal notice dated 06.08.2019 to OP but there is no response by OP and the complainant suffered a lot by unfair trade practice by the complainant and also liable for lots of stress/strain.
2. We have heard the Counsel for the complainant on the admissibility of the case and have considered the case of the complainant. As per the case of the complainant, the complainant has purchased the vehicle in question through a General Agreement dated 10.06.2016 and since then the complainant is plying the vehicle and the insurance policy is in the name of Mohd. Salim Ansari and it is also
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submitted that the vehicle is not transferred in the record of registering authority in the name of the complainant and the insurance policy of the vehicle is also not transferred.
3. The first and foremost question which arises for consideration is “whether or not the complainant is a consumer” as envisaged u/s 2 (1)(d) of the C.P. Act, 1986 and “whether the complaint is maintainable”.
4. In order to find answer to this question it would be useful to consider Sec. 2 (1)(d) of the C.P. Act, 1986, which defines the term “Consumer”. On reading the said Section it is clear that Consumer is a person who buys goods for consideration or hires or avails of service for consideration. There is an exception to the explanation by providing that if the person hires or avails service for consideration for commercial purpose, he would not be termed as “Consumer”.
5. We are not convinced with the submissions of learned Counsel for the complainant. On a perusal of the complaint it is revealed that the complainant has purchased the vehicle in question through a General Agreement dated 10.06.2016 and since then the complainant is plying the vehicle and the insurance policy is in the name of Mohd. Salim Ansari and it is also submitted that the vehicle is not transferred in the record of registering authority in the name of the complainant and the insurance policy of the vehicle
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is also not transferred. Thus, the complainant is not covered under the definition of the word “Consumer”. Thus, the complaint is devoid of any merit and the same is dismissed.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 20thday of January, 2020.
BARIQ AHMAD USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADED BY : SATYENDRA JEET
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