Orissa

Cuttak

CC/115/2015

Sujata Mohanty - Complainant(s)

Versus

Branch Head,Sriram Transport & Finance Ltd - Opp.Party(s)

B M Mohapatra

10 Jan 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.115/2015

Smt. Sujata Mohanty,

At:Plot No.28,GGP Colony,Rasulgarh,

PS:Mancheswar,Bhubaneswar,

Dist:Khurda.                                                                       … Complainant.

 

                Vrs.

1.        Branch Head

Sriram Transport & Finance Ltd.,

At:Biswal Complex,Mahanadi Vihar,

Town/Dist:Cuttack.

 

2.         ICICI Lombard G.I.C Ltd.,

At:Kailash Plaza,Madhupatna,

Town/Dist:Cuttack.

 

3.         ICICI Lombard G.I.C Ltd.,

Ground & 4^th Floor, Interface, 11,

Office Number 401 & 402,

New Linking Rod,Malad(West),

Mumbai-400064.                                                                 … Opp. Parties.

 

 

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   03.11.2015

Date of Order:  10.01.2018

 

For the complainant.  :    Mr. B.M.Mohapatra,Adv. & Associates.

For the O.P No.1          :    Mr. P.K.Ray,Adv. & Associates.

For O.Ps 2 &.3:                              None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.ps for redress of her grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that he has purchased a vehicle(truck) bearing Regd. No.OR-04G-7699  on finance by Sri Ram Transport Finance Co. Ltd., O.P No.1 on 12.11.2007.(Anenxure-1).  At the time of purchase of vehicle, the complainant handed over some blank cheques to O.P No.1 bearing numbers 012195 to 012200 of Bank of India,Gopalpur Branch for security.  The complainant plied the vehicle for transportation to earn her livelihood and paid E.M.Is regularly to the O.P No.1 and kept all the documents up-to-date i.e. Road permit, Road tax, Fitness and insurance. (Annexure-2 series).  On 24.9.2011 at about 11 P.M the vehicle was parked near Mahaveer Dhaba under Gopinathpur outpost and the driver went for his dinner and returned at about 12.00 P.M and found the truck has been stolen and could not be traced. 

On 25.9.11 the driver reported to Dhirendra Kumar Mohanty who was looking after the truck on behalf of the complainant.   On the same day said Dhirendra Kumar Mohanty lodged an FIR in the Gobindpur outpost under Dhenkanal Sadar Police Station.  The police registered the same as P.S. Case No.277/2011 (copy of the FIR Annexure-3).  The FIR duly registered as P.S Case No.277/2011 in the court of SDJM,Dhenkanal and the complainant intimated the insurance company agent Abdul Rajid Khan as well as intimated to the O.P No.2 by its toll free number and informed to O.P No.1.  The complainant also intimated O.P No.1 (financier) and O.P No.2 with written report. (Annexure-4 & 5).  The police thoroughly investigated into the matter but could not find out the person who caused the theft and no evidence over the matter.  Finally submitted the final report without finding any clue after the investigation was over.(Annexure-6).  The O.P No.2 also deputed an investigator to make an enquiry and the investigator collected all the documents relating to vehicle in order to settle the insurance claim but the O.P No.2 did not take any step to settle the claim.  The complainant was forced to intimate the O.P. No.1 & 2 for settlement of her stolen vehicle.(copy enclosed as Annexure-7).

Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  She has prayed to direct the O.P No.2 for settlement of the claim including value of vehicle at Rs.10,40,400/- with interest and to pay  compensation.

2. O.P No.1 vide his written version dt.22.6.16 has submitted that the dispute raised in the case due to non-settlement of insurance claim by O.P No.2 & 3.  There is no allegation against the O.P No1 and no relief has been sought for against the O.P No.1.  The purpose of impleading the O.P No.1 is only to find out the liabilities of the financier, so that the claim amount would be disbursed in favour of the financier and the balance will be disbursed in favour of the complainant.

The complainant had approached the O.P No.1 to finance him for a Ashok Leyland vehicle and after due deliberation a loan-cum-hypothecation agreement was executed between the parties.  The financed amount was repayable in 55 monthly installments @ Rs.41,972/- p.m starting from 15.12.2007 to 15.06.2012.  The contract period was over since 15.6.12 and the complainant /borrower as on 10.2.16 is liable to pay Rs.13,17,165/- to the O.P No.1 towards the installment dues and Rs.57,62,749/- towards delayed payment charges and other expenses.  Therefore, the O.Ps 2 & 3 are liable to pay/disburse the claim mount directly to the O.P No.1.  The statement of account of the complainant’s loan account attached as Annexure-A/1)

Further case of the O.P No.1 is that regarding handing over of blank cheques to O.P NO.1 is false and baseless, as well as the assertion of the complainant  that she was paying the installments regularly is not correct.

3. O.Ps 2 & 3 filed their joint written version stating that they had issued the policy in the name of the complainant which was valid from 31.1.2011 to 30.1.2012 but the O.Ps 2 & 3 are not liable to compensate to the complainant since the complainant had violated the terms and conditions of the policy by not intimating the insurance company as well as the police in time.  The averments made by the complainant are false and hereby denied.  The O.Ps 1 & 2 have no knowledge regarding theft of the vehicle.  There was also delay in lodging the FIR and delay of 294 days in intimating to the Insurance Company.  So there is no deficiency in service by O.Ps 2 & 3.
4. We have gone through the case records carefully; heard the learned advocates for the complainant as well as O.P No.1.  The complainant availed loan and purchased a vehicle (truck) and insured the vehicle with the O.Ps 2 & 3.  The vehicle was stolen on 24.9.11 at 11 P.M and the FIR was lodged on 25.9.11.  So there is no delay in lodging the FIR.  The police has also submitted final report after inquiry that the fact is true.  The complainant has also intimated the authorized agent as well as the insurance company about the theft of the vehicle on 27.10.2011 as per postal receipt submitted for the purpose.  But the complainant has not produced any record relating to submission of required claim form in time.  The complainant has also not produced any record regarding the follow up with the O.Ps 1 & 2 for settlement of such claim.  The complainant has also not submitted any proof to the effect that the Investigator was ever appointed and the complainant has submitted the required documents to the investigator.  Thus we conclude that the complainant has not submitted any proof relating to submission of claim forms in time and no investigator was ever appointed by the O.P for the purpose.  Basing on the facts and circumstances as stated above, the complainant has failed to prove the deficiency in service on the part of O.Ps.

                           ORDER

The case be and the same is dismissed on contest against the O.Ps.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 10^th day of January,2018 under the seal and signature of this Forum.

 

                                                                                                                                                   ( Smt. Sarmistha Nath )

                                                                       Member(W)                                                                                                                                                                                                                                                                                                                                                                                                     (Sri D.C.Barik)

                                                                                                                                                           President.

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