DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 196 of 17-08-2009<br /> Decided on : 28-01-2010 <br /> <br /> Hargurdeep Singh S/o Sh. Kartar Singh R/o H. No. 15319, Joga Nand Road, Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.ICICI Lombard General Insurance Company Limited, Sharma Complex, Ist Floor, Guru Kanshi Marg, Corner Power House Road, Bathinda through its Branch Manager.<br /> 2.LICICI Lombard General Insurance Company Limited, Shop No. 01,03 & 05, Ist Floor, Raman Tower, E-13/6, Landmark, Near Sanjay Palace, Agra 282 002 through its Branch Manager<br /> 3.Gaurav Saxena, Surveyor-cum-Service Manager of ICICI Lombard General Insurance Company Limited, Sharma Complex, Ist Floor, Guru Kanshi Marg, Corner Power House Road, Bathinda.<br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Naresh Garg, counsel for the complainant <br /> For the Opposite parties : Sh. Vinod Garg, counsel for opposite party Nos. 1 & 2.<br /> Opposite party No. 3 exparte. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT<br /> <br /> 1. In brief, the case of the complainant is that he purchased Tata Indica Car No. DL-1YB-0711 Model 2007 from HDFC Bank, New Delhi, which it took in possession due to default of loan payment from one Sh. Rajat. HDFC sold this car to the complainant through M/s. Unique Financial on 31-01-09 alongwith its Comprehensive Cashless Insurance Certificate No. 3004/55101027/00B00 for the IDV of Rs. 2,61,563/- w.e.f. 04-10-2008 to 03-10-2009. Complainant got hypothecation Agreement cancelled and got new Registration Certificate from RTO, Delhi. Thereafter he applied for transfer to R.C. to DTO, Bathinda and also approached opposite party No. 1 for transfer of Insurance in his name but the officials of opposite party No. 1 informed that Insurance will be transferred in his name after the transfer of R.C in his name. In the meantime, the car of the complainant met with an accident on 14-03-2009 with Bus No. PB-19-D-095 in the revenue limits of P.S. Tapa Mandi and FIR was got registered in this regard. The R.C. of the car was transferred in the name of the complainant on 26-03-2009. Since mother and mother in law of complainant seriously injured in the accident, he could not lodge claim immediately with the opposite parties and he intimated to opposite party No. 1 vide letter dated 18-04-2009. R.C. and Insurance Certificate were transferred in his name on 26-03-2009. Opposite party No. 1 deputed surveyor Mr. Gaurav Saxena, opposite party No. 3, for assessment of the loss. The surveyor visited M/s Super Automobiles, Bathinda and estimates to the tune of Rs. 1,50,000/- was handed over to him. He approached Er. L K Tayal, Surveyor & Loss Assessor and got the loss assessed to the tune of Rs. 92,126/-. The complainant approached opposite parties and demanded his claim, but to no effect. Hence, this complaint for issuing directions to the opposite parties to pay loss amount of Rs. 1,50,000/- and Rs. 5,000/- on account of shifting charges and estimate charges alongwith interest @18% P.A. with damages to the extent of Rs. 25,000/- besides Rs. 10,000/- as litigation expenses.<br /> 2. Opposite party Nos. 1 & 2 filed reply stating therein that complainant has concealed the fact that he had no insurable interest. The complainant became registered owner of the vehicle in question on 26-03-2009 i.e. after the date of alleged accident i.e. 14-03-2009. As per record of opposite party Nos. 1 & 2, registered owner of the vehicle was one Mr. Rajat and the vehicle was also insured in his name. Even claim was lodged by Mr. Rajat. Mr. Rakesh Kumar Gupta, Surveyor assessed the loss to the vehicle in question to the tune of Rs. 73,472/- but since the complainant had no insurable interest, claim was rightly repudiated vide letter dated 21-05-2009.<br /> 3. None appeared on behalf of opposite party No. 3 and as such, exparte proceedings were taken against him.<br /> 4. Parties have led evidence besides filing affidavits in support of their respective pleadings.<br /> 5. We have heard the learned counsel for the parties and have also gone through the record.<br /> 6. A perusal of certified copy of claim petition Hargurdeep Singh Vs. Surinder Singh and others MACT No. 57 dated 14-05-2009 pending before Sh. Kuldip Singh Motor Accident Claims Tribunal, Bathinda, Ex. R-6, shows that the complainant has filed exactly a similar claim petition before the above said M.A.C.T. on 14-05-2009. The present complaint was instituted on 17-08-2009. The complainant has not disclosed in his complaint, the institution of the claim petition under Motor Vehicle Act.<br /> 7. Section 3 of Consumer Protection Act, 1986 provides that “the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force”. Therefore, when remedy under two laws are available to a person, it would be his discretion to choose as to under which law he is to avail of his remedy. He cannot simultaneously avail of the same remedy under different laws. Therefore, after availing the remedy under M.A.C.T., the claimant cannot avail of a remedy under Consumer Protection Act, 1986. He instituted an application under Motor Vehicle Act before M.A.C.T on 14-05-2009 and the instant complaint was filed before this Forum on 17-08-2009. Hence, the present complaint is not maintainable. In this view of the matter, support may also be sought from V.P. Kapoor and Others Vs. Raj Chopra and others 1999(1) CLT 426 and Arunima Baruah Vs. Union of India & Ors 2007(3) R.A.J. 379.<br /> 8. In view of the finding recorded above, other merits of the case need not be adjudicated so that there may not be prejudice in any manner to the adjudication of the claim petition under Motor Vehicle Act.<br /> 9. In view of what has been discussed, this complaint is hereby dismissed with cost of Rs. 2,000/-.<br /> Copy of this order be sent to the parties concerned free of costs and the file be consigned to the record.<br /> Pronounced :<br /> 28-01-2010 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> <br /> (Amarjeet Paul)<br /> Member <br /> *ik <br /> <br />