Orissa

Cuttak

CC/65/2015

Asesh Kumar Sethi - Complainant(s)

Versus

L & T Finance Limited - Opp.Party(s)

B Mohapatra

31 Aug 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                C.C.No.65/2015

 

Asesh Kumar Sethi,

At:Upper Sahi,Sikharpur,

P.O:College Square,P/S:Chauliaganj,

Dist:Cuttack.                                                                                     … Complainant.

 

                Vrs.

 

1. L & T Finance Limited

Plot No.428/3818,

2^nd Floor,Eastern Block,

Jayadev Vihar,Bhubaneswar,

Dist:Khurda.

 

2. Branch Manager,

ICICI Lombard General Insurance Co. Ltd.,

At:Kailash Plaza,PO:Arunodaya Market,

P.S:Madhupatna,Dist:Cuttack.                                                  … Opp. Parties.

 

Present:         

Sri D.C.Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:   29.06.2015

Date of Order: 31.08.2016

                                                                                                                               

Smt. Sarmistha Nath,Member.

The complaint in short is as follows:                                                                                                                                        

1. Sri Asesh Kumar Sethi,Complainant purchased 2 nos. of Haiwa vehicle bearing No.OR-04L-6199 & OR-04L-6299 by obtaining loan from O.P No.1 and such vehicles were insured with O.P No.2.  After some period the complainant failed to pay E.M.I for which vehicle bearing No.OR-04L-6199 was seized on 24.10.2011 by O.P No.1.  Complainant applied to release the vehicle on payment of E.M.I on 23.12.2011 but in vain.
2. The other vehicle bearing No.OR-04L-6299 was stolen on 25.04.2012 under the jurisdiction of Pipili police station for which FIR was lodged in  Pipili on 25.4.2012 vide P.S.Case No.371/2012.  The matter was investigated by the police and final report was also submitted by police.  O.P.1 (L & T Finance) and O.P.2 (ICICI GIC) were intimated on 25.4.2012 regarding the incident.  O.P.2 acknowledged the claim vide No.MOT 027219841.  O.P.2 also intimated the complainant on 1.12.2012 for submission of required documents for release of the claim.  The complainant submitted all such relevant documents except the final report of the police dt.31.1.2015 which was also submitted latter on after completion of the detailed investigation by the police.  O.P.1 intimated the complainant on 16.9.2014 to pay Rs.12,50,000/- towards settlement of both the loan availed for  two vehicles as stated above vide loan A/c No.EFD 016008R 1000285418 and loan A/c No.EFD 016008R1000285419.  The complainant intimated O.P.2 on 26.2.2015 to settle the insurance claim and deduct a sum of Rs.12,50,000/- towards the amount claimed by O.P.1 and to refund the excess amount to the complainant with interest but it yielded  no result.
3. Finding no other way, the complainant took shelter of this Hon’ble Forum.  He has prayed to settle the insurance claim at Rs.19,55,200/- with interest thereon @ 15%, Rs.20,000/- for harassment and mental agony and Rs.15,000/- as legal expenses.  Thus he has claimed a total sum of Rs.19,90,200/- and has also prayed to instruct O.P.1 not to take any coercive action against the complainant during pendency of this case. 
4. We have gone through the case in details and also gone through the documents as submitted by the complainant and also gone through the written version as filed by O.P.1.
5. The complainant has not produced any proof relating to the claim amount of Rs. 19,55.200/-except copy of his letter dt.26.2.15 addressed to the O.P.2,Insurance Company.  The complainant has also not submitted copy of the insurance policy nor the letter from the O.P.,Insurance Company wherein the claim amount has been specified.  However vide letter dt.1.12.12 of the O.P,Insurance Company wherein the O.P,Insurance Company has asked the complainant to submit some documents for settlement of the claim we presume that some motor theft claim of the complainant is pending with the O.P,Insurance Company . 
6. Vide their letter dt.16.9.14 the O.P.1 has agreed to settle both the loan accounts of the complainant under one time settlement for Rs.12,50,000/- since the above letter of O.P.1 was valid for 7 working days only- the settlement amount to be paid as on date is yet to be assessed.
7. Advocate Mr. S.Das & Associates have briefed the matter on behalf of the complainant and Mr. Tapan Jena and Associates have briefed the case on behalf of O.P.1.  Although Mr. S.K.Sarangi has filed the Vakalatnama for O.P.2 he has not attended the case on any date even if several opportunities were given to O.P.2 to defend.  They have also not filed their written version (for O.P.2) which indicates that they have nothing to say further in their defense.

Basing on the facts and circumstances as stated above, we allow the case against O.P.2.

                                                                                   ORDER

The prayer of the complainant is partly allowed against O.P.2.  Against prayer of the complainant to settle the insurance claim at Rs.19,55,200/- O.P.2 is directed to settle the claim against the vehicle bearing No.OR-04L-6299 as per rules.  Out of such amount thus payable by O.P.2, O.P.2 will first settle the loan accounts outstanding against the complainant vide loan A/c No.EFD-016008R1000285418 & EFD016008R1000285419 with O.P.1.  Surplus if any shall be paid to the complainant.  Prayer of the complainant regarding interest payable @ 15%, Rs.20,000/- towards harassment and mental agony and Rs.15,000/- as legal expenses are not sustainable under the facts and circumstances of this case and hence not allowed.

 O.P.2 shall make all such payments within 45 days from the date of receipt of this order, failing which the complainant is at liberty to take shelter of this forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 31^st  day of August, 2016 under the seal and signature of this Forum.

 

 

                                                                                                                                            (Smt. Sarmistha Nath)

                                                                                                                                                     Member(W).

 

 

                                                                                                                                                 (Sri D.C.Barik )

                                                                                                                                                      President.

 

                                                                                                                                               

                                                                                                                                              (Sri B.N.Tripathy )

                                                                                                                                                     Member.