ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1457 OF 2018
(Against the order dated 26-03-2018 in Complaint Case
No.33/2013 of the District Consumer Forum, Hathras)
- M/s Sriram Transport Finance Co. Ltd.
101-106, 1st Floor, Shiv Chambers
Sector-11, C.B.D. Belapur, Navi Mumbai
- M/s Sriram Transport Finance Co. Ltd.
Branch Office First Floor Office No.8&9
Vinayak Mall Dewani Mall M.G. Road
Tehsil and District Agra
...Appellants
Vs.
01.Jagmohan Sharma, S/o Vasudev Sharma
R/o Tedi Bagia Behind Petrol Pump
Bhagwaan Nagar, Kishan Lal Mandir
Tehsil District Agra
02.Regional Manager
Shriram General Insurance Company
Office at II Floor 17/2/4 Deepak Vasant
Plaza Sanjay Palace, District Agra
03.Shriram General Insurance Company
Through Legal Manager
Officeat E-8, EPIPRIICO Industrial Area
Sitapura District Jaipur, Rajasthan.
...Respondents
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. MAHESH CHAND, MEMBER
For the appellant : Sri Yatish Gupta, Advocate.
For the respondent :
Dated : 23-08-2018
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Yatish Gupta, learned Counsel for the appellant appeared.
We have heard learned Counsel for the appellant and perused impugned order dated 26-03-2018 passed by District Consumer Forum, Hathras in Complaint No. 33 of 2013 Jagmohan Sharma V/s Regional Manager, Sriram General Insurance Company and another.
Present appeal has been filed by M/s Sriram Transport Finance
:2:
Company Limited, Head Office Mumbai and Branch Office Agra against above impugned order passed by District Consumer Forum. But appellants are not party in the complaint.
It is contended by learned Counsel for the appellants that under hire purchase agreement the appellant finance company is entitled to get insured amount of the vehicle from insurer and appellants are necessary parties of complaint but the respondent/complainant has filed complaint without impleading appellant financier. Therefore, no order has been passed by District Consumer Forum with regard to the entitlement of appellant financier to receive insured amount. As such appellants financiers are aggrieved with the impugned judgment and have filed appeal.
We have considered the submission made by learned Counsel for the appellants.
Vide impugned order passed in above complaint the District Consumer Forum has decided insurance claim of respondent/complainant against Insurance Company. The appellants have not been impleaded in the complaint. Therefore, appellants cannot be said to be aggrieved with the impugned order. The appellants are at liberty to claim their rights to insured amount in terms of hire purchase agreement as well as loan agreement.
In view of above appeal is not entertained with liberty to the appellants to make their claims for the insured amount before District Consumer Forum or before Insurance Company in terms of hire purchase agreement as well as loan agreement. If such application is moved before District Consumer Forum by appellants, the District Consumer Forum shall pass appropriate order in accordance with law.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( MAHESH CHAND )
MEMBER
