Dated 23.02.2024

As per Sanjay Kumar, President.

O r d e r

1. Present appeal has been filed on behalf of appellant/complainant for partly setting aside the judgment and order dated 27.04.2023 passed by Ld. District Consumer Forum, Sasaram whereby and whereunder complaint case has been dismissed with liberty to insurance company to recover Rs. 7,19,906/- from complainant through judicial process.
2. Briefly stated the facts of the case is that complainant had purchased a truck after obtaining loan from opposite party no. 2 (Indusland Bank Ltd. ) and was insured by opposite party no. 1 (Cholamandalam) which was valid for the period 26.06.2011 to 25.06.2012 for IDV of Rs. 11,54,250/-.
3. Truck of complainant was robbed on 31.05.2012 on expressway while it was carrying oil from Dahiya (West Bengal) to Bardhaman (West Bengal) for which FIR was instituted on 07.06.2012 being Gurap PS Case no. 46 of 2012 U/s 392 of IPC and insurance company as well as finance company was  intimated about the robbery.
4. Complainant made insurance claim from insurance company but nothing was paid as such complainant filed consumer complaint case in the District Consumer Forum, Sasaram for payment of insured amount with interest and compensation and cost of litigation upon which notices were issued to opposite parties.
5. O.P. no. 1 in its written statement stated that complainant had got his truck insured by O.P. no. 1 which was valid for the period from 26.06.2011 to 25.06.2012. Complainant sold the truck to Sumer Prasad Sharma and on date of theft Sumer Prasad Sharma was owner of the truck. Intimation of theft was given after 7 days and police papers were not submitted along with claim form. Duplicate driving license was provided by complainant.
6.  Opposite party no. 2 in its written statement stated that complainant was provided loan for purchase of truck which was insured by opposite party no. 1 and first installment of Rs. 4,32,843/- was paid which was adjusted against loan account of complainant and second installment of Rs. 2,87,063/- was paid on 02.11.2017.
7. The District Consumer Forum after hearing the parties and considering the evidence on record held that there is no deficiency on part of O.P. no. 1 insurance company and complainant is not entitled for any insurance claim. The Forum further held that  there is no liability of Bank O.P. no. 2 to pay any compensation to complainant.
8. The District Consumer Forum further gave liberty to insurance company to realise Rs. 7,19,906/-  from complainant which was paid by the insurance company (O.P. no. 1)  by approaching appropriate Forum, aggrieved by which present appeal has been filed by complainant.
9. Heard the parties.
10. Complainant had filed complaint case for payment of IDV of Truck which was robbed during transportation of goods.
11. Insurance company had already paid sum of Rs. 7,19,906/- to the financer who after adjusting the loan amount by retaining Rs. 4,32,843/- paid remaining amount of Rs. 2,87,063/- to complainant.
12. Complainant being not satisfied with said amount filed complaint case for payment of IDV which was dismissed but at the same time liberty was granted to insurance company (O.P. no. 1) to realise the paid amount from complainant.
13. Once the District Consumer Forum has dismissed the complaint case there was no occasion to give liberty to O.P. no. 1 (Cholamandalam) to realise the already paid amount from complainant. No decree can be passed in favour of opposite party no. 1 (Cholamandalam) when there was no any counter claim or cross objection made by opposite party no. 1.
14. Complainant cannot be put in a worst position and saddled with any liability which was not there at the time of filing of complaint case.
15. District Consumer Forum travelled beyond the lis between the parties while granting such liberty to O.P. no. 1 (Cholamandalam).
16. Accordingly, the appeal is partly allowed and part of order in paragraph no. 11 “ विपक्षी इन्शुरन्स कंपनी  7 लाख 19 हज़ार 906 रूपये का जो क्षतिपूर्ति का भुगतान किया है वो अलग से उचित फोरम में मुकदमा कर परिवादी से वसूली की कारवाई कर सकता है” is set aside.
17. Appeal is accordingly, disposed of.

(Ram Prawesh Das)                                                                                                                 (Sanjay Kumar,J)

      Member                                                                                                                                   President

Md. Fariduzzama