West Bengal

Siliguri

51/S/2014

KARAN KHAITAN - Complainant(s)

Versus

KHOKAN MOTORS WORKS PVT. LTD., - Opp.Party(s)

22 May 2015

ORDER

Consumer Case No.51/S/2014

 

 

Order No.21

Dt.22.05.15.        The case is taken up exparte order.

The complainant’s case in brief is that the complainant had purchased a commercial vehicle being No.WB 73C 3788 from OP No.1 Khokan Motor Works Pvt. Ltd., and it was insured with OP No.2 ICICI Lombard General Insurance Company and financed by OP No.3 L& T Finance Pvt. Ltd.  On 08.11.2012 the vehicle met with an accident and it was taken to Khokan Motor for repair.  At that time certain defects pointed out by them after inspection of vehicle and they told the complainant that the entire compensation for repairing of the vehicle would get within one month and the complainant would get delivery of the vehicle within one month.  OP No.1 had assured the complainant that the insurance company are associated with the OP No.1 company, and the entire payment would be borne by the insurance company.  So, the complainant was under the impression that he would get his repaired vehicle within one month.  But the complainant did not get repairing vehicle within due time.  In the mean time complainant paid his installment of insurance claim.  The complainant claims that the unlawful detention of his vehicle has caused him much loss as the vehicle is hypothecated to the bank.  The complainant noticed some defects in the vehicle to rectify.  The OP asked the complainant to get delivery of the vehicle but they did not ready to give fitness certificate of the vehicle to the complainant.  The complainant claims that the delay caused by the OPs has inflicted much loss on him, and he lodged his case and prays for refund of money of Rs.8,76,871/- along with other reliefs. 

The case proceeds exparte against the OPs. 

The complainant files following documents in support of this contention.

1. Letter forwarded to L & T Finance on 11.05.2013.
2. Letter forwarded to L & T Finance on 26.01.2014.
3. Received letter from Khokan Motor Works Pvt. dated 17.08.2013. 
4. Letter forwarded to Khokan Motor Works Pvt. Ltd. on 10.12.2013.
5. Letter forwarded to Khokan Motor Works Pvt. Ltd. on 15.01.2014.

Contd….P/2

-:2:-

 

 

6. Letter forwarded to Khokan Motor Works Pvt. Ltd. on 29.01.2014.
7. Certificate of Registration of vehicle No.WB-73 C 3788.
8. Permit of vehicle No.WB-73 C 3788.
9. Insurance of vehicle No.WB-73 C 3788 and some other documents.

    The complainant relies on documents as evidence.

It reveals that on 8^th November, 2012 the truck bearing registered no. WB-73 C 3788 met with an accident and after insurance claim the complainant brought the vehicle in question to the company of OP No.1 for repairing.  On 09.11.2012 at the time of handover the vehicle to the OP No.1 the insurance company inspected the vehicle though no FIR for accident or surveyor’s report and surveyor estimate was filed by the complainant.  On 17.08.2013 letter issued by the OP No.1 to the complainant to make payment for repairing of the vehicle and to release from OP No.1. 

The complainant has not filed any receipt that they made payment to the OP No.1. 

The complainant claims that bill given to the insurance company by Khokan Auto of Rs.1,66,281/- and amount received from the insurance company of Rs.97,000/- though no supporting documents have been shown regarding the amount received from the insurance co.  No terms and conditions was filed by the complainant of insurance policy of his vehicle in question. 

From the above discussion, we are of the view that the complainant fails to prove his case. 

Thus the case is dismissed. 

 

 

 

                  -Member-                     -Member-                        -President-