MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 17/2021 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Ops to settle the loan account of Rs. 2,00,000/- as compensation as the GEM vehicle is not with the Complainant and the same has been surrendered on dt.13.10.2020 along with Compensation of Rs. 2,00,000/- towards mental agony & litigation expenses.
Brief fact of the case is that Op No.2 mentioned wrong vehicle number in the Insurance Policy i.e vehicle No. OD-02-U-7341 instead of OD-02-U-7345 for which Op No.1 has financed and because of such mistake he did not ply the vehicle & sustained loss. The Policy was taken on dt. 24.04.2020 and valid upto 24.03.2021 and on pointing out the rectified policy was issued in Sep-Oct-2020.
There is no specific allegation on what date the mistake came to knowledge of Complainant and on what date he stopped plying the vehicle and what date Complainant made representation or requested OpNo.2 to change /correct the policy for which we are satisfied that Complainant has not come with clean hand. There is not a single correspondence from which we could have come to any conclusion that because of the mistake in the Policy with regard to vehicle number of Complainant stopped plying his vehicle for which he sustained loss. OpNo.1 is the financer who has paid money in shape of loan by virtue of agreement. For any Typographical mistake in the policy by Op No.2, the Op No.1 cannot be made to be punished & we have no power to exempt any loan or paying the arrear EMI. Op No.2 has filed written version & stated that the correct policy was issued on the very same day.
However issuing a policy in the number of another vehicle is definitely deficiency in service on the part of OpNo.2 but it is also the duty of Complainant to immediately intimate by writing with proof when he is approach any Forum for redressal of his grievance.
Taking into consideration of the entire aspect we award cost of Rs. 500/- (Five hundred) for mental agony for issuing wrong policy in the number of another vehicle and also award cost of Rs. 500/- towards cost of litigation which shall be paid by Op No.2 to Complainant within 45 days from the date of receipt of the order.
With the aforesaid observation and direction that, the C.C.Case No. 17/2021 & IA No. 4/2021 are accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 15th day of November,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
