Order No. 23 Dt. 08.11.2017

            The complainant Amit Agarwal files the instant case against O.Ps for recovering the claim amount of Rs. 650000/- with interest.

          The case in short is that the complainant after a lot of persuasion by the respondent agreed to purchase a BOLERO ZLX model vehicle from S.N. Motors, Narayanpur, Malda.

          The respondent Nos. 1 and 2 have taken a car on finance was insured with Bajaj Allianz General Insurance Co. Ltd. being Policy No. 04-16-2414-1801-00000332 on 22.07.2015. The value of the vehicle was assessed by the Insurance Company to the tune of Rs. 650000/-. According to the complainant the O.P. Bajaj Allianz also persuaded the complainant to purchase the vehicle keeping it in hypothecation with Mahindra & Mahindra Financial Services Ltd. It is also said by the complainant that S.N. Motors the retailer advised the complainant that if he hypothecates his vehicle with Mahindra & Mahindra Financial Services then he shall receive a discount of Rs. 20000/- on purchase of the vehicle. He purchased the vehicle on 22/07/2013 and registration was done after observing all formalities being Regn. No. WB 66P/4680. As the said BOLERO ZLX was insured with Bajaj Allianz General Ins. Co. Ltd. a sum of Rs. 21550/- was paid by the complainant at the time of  taking delivery of the vehicle and equal monthly instalments was fixed at Rs. 15760/- per month. The complainant has been paying the instalments regularly. That being so on 12.09.2015 the complainant visited Gour Malda along with driver and other relatives he parked the vehicle after proper locking but when they returned after seeing the historical site they found the vehicle missing from the place of parking. After making a thorough search the complainant realized that the car was stolen. The complainant informed the Insurance Company on 13.09.2015 and also filed an FIR being No. 602/2015 dt. 13.09.2015.

          The case being heard ex parte against the O.Ps on 20.12 2016 very much later than the O.P. had filed W.V. on 04.04.2017 beyond the date of fixing the case for hearing. Hence, the instant case is being heard ex parte against the O.Ps.

          On going through the records we find that the complainant have paid 26 instalments out of 44 instalments. Thereafter the vehicle was stolen. It is also found that a sum of Rs. 270360/- and being the remaining 18 installments. Neither the complainant has filed any copy of FIR nor the final report by the police in FIR No. 602 /2015.  The complainant has failed to prove by any document that he had made communication with O.P. and shows no document that the O.P. has repudiated the claim made by the complainant.

          Be that as it may, we are of the considered view that the complainant has made payment of 26 installments and only a sum of Rs. 270360/- is due which he owes to the Insurance Co. Bajaj Allianz. The complainant has not made any submission with regard to the basis of his claim nor he has filed any document to show that he had insured his vehicle with Bajaj Allianz. So the complainant failed to prove his case and is not entitled to get any relief as prayed for.       

          The case fails.                                                                                                                        

         Proper fee paid.

          Hence, the instant case be and the same is hereby dismissed without cost.

          Let a copy of the order be given to each of the parties free of cost.