Jharkhand

Bokaro

CC/17/2020

Ritesh Mishra - Complainant(s)

Versus

Gajendra Kumar - Opp.Party(s)

Niteshwar Tiwary

08 Mar 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-25-01-2017

Date of final hearing-08-04-2023

 Date of Order-08-04-2023

Case No. 20/2017

Mr. Sunil Kumar Gupta S/o Mahavir Saw,

R/o- Bandhdih, Sudhadeogali, P.O.- Jainamore, P.S.- Jaridih,

District- Bokaro, Jharkhand 829301

Vs.

1.  Chola Mandalam Investment and Finance Company Ltd.

Bokaro-LL, Sector-IV, P.S.-Sector-IV, Bokaro Steel City, District- Bokaro, Jharkhand

2. Chola Mandalam M/S General Insurance Company Limited,

• Lalpurchouk, Bank of India, Tiwari Complex-III floor, Ranchi.

 

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant is absent and on the other hand Ld. Counsel for the O.P. is present. It reveals from the record that this case is pending at the stage of argument in which complainant is absent since long, therefore, in the given facts heard argument of the O.P. and as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record.

 

2. Complainant has filed this case with prayer to grant reasonable relief in his favour.
3. Complainant’s case in brief is that he purchased Bolero Pick up on Rs. 5,93,679/- after finance from O.P. No.1 and thereafter invested other amount for preparation of body etc.  Further case is that on 16.02.2016 at 07:30 A.M. while complainant along with driver Rajesh Kumar Gupta were going to Rajrappa meanwhile at Peterwar Chargi Ghati at about 08:20 A.M. said vehicle met with an accident with i10 Car JH01AL-8503 during which driver of that very car Samrendra Kumar Singh and one unknown lady became seriously injured however, Samrendra Kumar Singh died. For death of said person MV case No. 168/2016 was filed before Dhanbad Court. Said vehicle of the complainant was insured with O.P. No.2 hence complainant filed claim application for Rs. 3,04,602/- and on suggestion of first party member said vehicle was shifted to work shop and repaired in which Rs. 1,25,000/- was paid but later on said vehicle has been taken away by financer on 20.12.2016 due to nonpayment of EMI causing loss to the complainant hence this case has been filed.
4. As per O.Ps. case is not maintainable and on 16.02.2016 due to rash and negligent driving there was head on collision between Bolero Pick Up and i 10 Car  and vehicle concerned has been repossessed by the financer because of nonpayment of EMI. Further reply is that on the date of accident vehicle was being played without any registration hence complainant is not  entitled to  get back possession of the vehicle without payment of loan.
5. Point for consideration is whether complainant is entitled to get relief as claimed ?
6.  Complainant has examined himself as witness No. 1 and at para 14 he states that he has not paid single EMI to the financer. At para 18 he states that on the day of accident his vehicle was not having registration number. In this way it is admitted fact by the complainant that he has not paid the EMI to the O.Ps. and due to nonpayment of loan vehicle has been taken away by the financer. Another admitted fact is that on the day of accident vehicle was being run without any registration before the competent authority. Therefore, we are of the view that complainant is not able to prove his case for grant of any relief. Accordingly this case is dismissed on merit and parties shall bear their own costs.

 

J.P.N. Pandey)

                                                                                       President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member