Karnataka

StateCommission

A/305/2019

Gowrishankar.S - Complainant(s)

Versus

Magma HDI General Insurance Co. Ltd. - Opp.Party(s)

I.P(Gowrishankar.S)

04 Jan 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/305/2019
( Date of Filing : 22 Feb 2019 )
(Arisen out of Order Dated 03/11/2018 in Case No. CC/1217/2015 of District Bangalore 3rd Additional)
 
1. Gowrishankar.S
No.S1, Comfort Heights, L.B.Shastri nagar Main road, Bangalore-560017
...........Appellant(s)
Versus
1. Magma HDI General Insurance Co. Ltd.
Magma House, No.24, Park street, Kolkata-700016
2. Magma Fincorp Ltd.
Magma House, No.25, Park street, Kolkata-700016
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 04 Jan 2023
Final Order / Judgement

Dtd.04.01.2023                                            A/305/2019

O R D E R

                    BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

  1.    This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.03.11.2018 passed in CC/1217/2015 on the file of 3rd Addl., District Forum, Bengaluru.
  2. The Commission examined grounds of appeal, impugned order and heard the Appellant personally.
  3. The Forum below dismissed the complaint of the Complainant on the ground ‘except the interested version of the Complainant, he has not produced any evidence to substantiate his contention that the excess rental charge of Rs.500/- p.m for the lease period of 24 months, amounts to Rs.12,000/-.’ In paragraph 15, the Forum below held “for the value of the car funded by R2, the monthly lease rental as per this policy should have been Rs.3,893x4,51,640/-/1,00,000=Rs.17,583/-, which is inclusive of VAT, but excludes service tax. OP.2 had fixed a lease rental of Rs.18,083/- and adding service tax to it, amounts to Rs.18,146.55.” According to the Complainant/Appellant Rs.500/- excess rental was charged for 24 months. However has failed to substantiate, has to be held rightly recorded by the Forum below. In such circumstances, Commission did not find any error committed by the Forum below in passing impugned order. Hence proceed to dismiss the appeal with no order as to cost.
  4. Notify copy of this Order to the District Commission and parties.

 

 

   Lady Member                                Judicial Member               

 

*NS*     

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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