Haryana

Karnal

CC/177/2018

Deep Chand - Complainant(s)

Versus

Cholamandalam Investment And Finance Company Limited - Opp.Party(s)

Lalit Chopra

21 Nov 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 177 of 2018

                                                          Date of instt. 19.07.2018

                                                          Date of Decision 21.11.2019

 

Deep Chand son of Shri Mam Chand resident of Pahadi Mohalla, V&PO Bilaspur, Tehsil Bilaspur, District Yamuna Nagar.

                                                                                 …….Complainant

                                        Versus

 

1. Cholamandalam Investment and Finance Co. Ltd. /Ms General Insurance Co. Ltd. SCO no.193, Sector-12, U.E.Karnal.

2. Cholamandalam MS General Insurance Co.Ltd. 2^nd floor, Dare House no.2, N.S.C. Bose Road, Chennai-600001 through its Managing Director.

 

                                                                        …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Lalit Chopra Advocate for complainant.

                   Shri Suraj Kanwar Advocate for OP no.1

Shri Dheeraj Sachdeva Advocate for OP no.1 (only investment and finance

OP no.2 given up.

 

                   (Jaswant Singh President)

ORDER:                    

 

                        By this order we shall dispose of the application moved by OP no.1 under section 26 for dismissal/rejection of the complaint against OP Cholamandlam and Investment and Finance Co. Ltd. It is alleged in the application that the present complaint is not maintainable. The dispute raised by the complainant has wrongly been raised against the OP no.1 as the OPno.1 is only a company registered under the companies Act in the name and style “Cholamandlam Investment and Finance Co. Ltd.” and doing the business of finance to its customer. It is alleged that in the present complaint and as per the details provided by the complainant, the OP never gave any financial assistance/loan to the complainant and nor any insurance done by the OP no.1, so there is no relationship in between the complainant and OP no.1.

2.             It is further alleged that complainant has wrongly arrayed the OP no.1 as a party to the present complaint as OP no.1 has no role in any of the facts mentioned in the present complaint. Further, that the 1^st party to the present complaint is as “1. Cholamandlam Investment and finance co/Ltd./ MS General Insurance Co. Ltd. SCO 193, Sector 12 Karnal.” Further, that Cholamandlam Investment and finance co. Ltd. and the Cholamandlam MS General Insurance Co. Ltd. are separate legal entity.

3.             It is further alleged that complainant himself mentioned in his complaint that he purchased the insurance from the Cholamandlam MS General Insurance Company Ltd. and the policy has also been affixed by him in the present complaint and as per the contents of the policy it has been clear that the policy has been issued by the Cholamandlam MS General Insurance Company Ltd. so the OP no.1 has no role to play. So, the present complaint is manifestly outside the purview of the said Act as the complainant is not a consumer as provided under the Consumer Protection Act.

4.             It is further alleged that at the time of filing the complaint, complainant made OP no.2 Cholamandlam MS General Insurance Company Ltd. 2^nd floor, Dare House no.2, N.S.C. Bose Road Chennai-600001 through its Managing Director as a party. But lateron the complainant has given a statement before this Forum and withdraw his complaint qua the OP no.2 for the best reason known to him. It is, therefore, prayed that application may kindly be allowed and complaint may kindly be dismissed.

5.             Complainant resisted the application of OP no.1 and filed its reply stating therein that the present application is not legally maintainable as the Cholamandlam Investment and Finance Co. Ltd. and Cholamandlam MS General Insurance Company are sister concern of each other and are having their one and joint office at SCO no.193, Sector-12, Karnal owing to this reason Cholamandlam Investment and Finance Co. Ltd./Cholamandlam MS General Insurance Company is arrayed as party to the present complaint. It is further stated that OP no.1 has rightly arrayed as party in this complaint as they are sister concern of one another. It is further stated that the P no.1 has been pleading the case by ignoring the facts mentioned in the complaint intentionally. If the OP no.1 would be read out carefully then it clearly depict that Cholamandlam Investment and Finance Co. Ltd./Cholamandlam MS General Insurance Company has been arrayed as parties being functioning in one office and same is duly mentioned in the insurance policy also. Therefore, it is prayed for dismissal of the application moved by the OP no.1.

6.             As per title of the complaint the complainant has arrayed the Cholamandalam Investment and Finance Co. Ltd./ Ms General Insurance Co. Ltd. SCO no.193, Sector-12, U.E.Karnal. as OP no.1 and Cholamandalam MS General Insurance Co.Ltd. 2^nd floor, Dare House no.2, N.S.C. Bose Road, Chennai-600001 through its Managing Director as OP no.2.

7.             Learned counsel Shri Vineet Rathore appeared on behalf of OP no.2 on 23.01.2019 but learned counsel of complainant on 19.07.2019 has given up the OP no.2 being unnecessary party, in this regard separate statement of learned counsel of complainant was recorded.

8.             Now question arose only for consideration is whether Cholamandalam Investment and Finance Co. Ltd. and Ms General Insurance Co. Ltd. SCO no.193, Sector-12, U.E. Karnal having the sister concern. The function of the Cholamandalam Investment and Finance Co. is only to finance the goods etc. the function of MS General Insurance Co. is only to insure the goods. Thus, we are of the view that Cholamandalam Investment and Finance Co. Ltd. and Cholamandlam Ms General Insurance Co. Ltd. is separate legal entity and have no sister concern. Hence the application moved by the OP no.1 is hereby allowed. The complainant has already given up the OP no.2 from the array of the OPs being unnecessary party and now there is no OP in the present complaint. Hence, in view of above the complaint stands also dismissed. All the application (s) pending in the present complainant are also disposed of accordingly.  Complainant is at liberty to file a fresh complaint before the competent court of law by arraying the proper parties, if so desired and in that eventuality, the parties will be entitled to the benefit of Section 14(2) of Limitation Act and the time taken during the pendency of this complaint shall be exempted. No order as to cost.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced:

Dated:21.11.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                         Member