Orissa

Jagatsinghapur

CC/161/2020

Abdul Asif Khan - Complainant(s)

Versus

Mahindra & Mahindra Financial Services Ltd. - Opp.Party(s)

Mr.N.C.Dash

15 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/161/2020
( Date of Filing : 28 Dec 2020 )
 
1. Abdul Asif Khan
At-Panisalia
Jagatsinghpur
...........Complainant(s)
Versus
1. Mahindra & Mahindra Financial Services Ltd.
At-Badambadi(Sumitveplaza) po-Arunodya marcket cuttack, Odisha
2. Mahindra & Mahindra Financial Services Ltd.
Managing director registered office At-2nd floor Sadhana House 570 PB marg worli Mumbai -400018
3. Branch Manager mahindra & mahindra Financial Services ltd
At-2nd Floor New Iffco Chhak Paradeep Po/ps-Paradeep
Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:Mr.N.C.Dash, Advocate for the Complainant 1
 Mr.P.K.Ray & Assoc, Advocate for the Opp. Party 1
Dated : 15 Feb 2023
Final Order / Judgement

                                                                                     JUDGMENT

            Issue of insurance policy in a wrong vehicle number is grievance of the complainant.

            Notice was issued to opposite parties on 30.12.2020 by Regd. Post. But the opposite parties did not appear. Opposite parties were set ex-parte on 15.3.2021. In the meantime the case was posted on 8.4.21, 7.5.21, 15.7.21, 20.9.21, 29.9.21, 5.11.21 & 9.12.21. The record is put up today for hearing.

            Heard the counsel for the complainant, the short fact of the case is that; the complainant purchased one Hyundai Xcent Car from the O.P. No.2 and insured the vehicle with O.P. No.1. Towards premium to insure the vehicle, the complainant has deposited Rs.6,229/- and the O.P. No.1 being the authorized signatory, dealer has sold the vehicle and received payment towards the insurance policy. In the insurance policy the vehicle number has been mentioned as OD-02-AB2511 instead of OD-02-BB-2511. The Complainant has alleged that after noticing the above discrepancy in the policy number he made complaint before the opposite parties but they did not respond the grievances.  

            The grievances of the complainant are that due to mention of wrong vehicle number in the policy bond, complainant faced a lot of problems while checking on the road and out of fear did not use the vehicle most of the time.

            The opposite parties have neither appeared nor responded to the notice and the consumer complaint is pending since 23.12.2020 and already 15 dates has been fixed by this Commission. It is appears that the opposite parties have no regard to the notice of the Commission and did not appear to have their say in the matter.

            In the complaint petition the complainant has annexed the policy bond of the year 2020 dtd.15.02.2020 bearing proposal No.P-27730188, the complainant has also enclosed money receipt dtd.15.02.2020 of voucher No.HYN-BRV-C-1920-05208 signed by the O.P. No.1. We made query from the counsel for the complainant whether complainant has paid any fine to Govt./Police for the wrong mention of vehicle number in the policy bond and the counsel for the complainant fairly admitted that he has not paid any fine. Since the matter is pending for last 17 months. It will not be wise for this Commission to linger the matter awaiting the appearance of the opposite parties. The complainant has paid Rs.6,229/- towards the premium amount and due to mention of wrong vehicle number in the policy bond she did not use the vehicle most of the time and remained  mentally worried.

We have given our anxious consideration to the grievance of the consumer who has paid the amount towards the premium for insuring her vehicle but in the policy bond the wrong vehicle number has been mentioned. The complainant has claimed Rs.1,00,000/- towards mental agony and suffering of Rs.20,000/- towards litigation cost. The complainant has paid Rs.6,229/- towards the premium which we think just and proper on the principle of equitable justice to be the proper amount to be paid to the complainant for her mental agony and the cost of the litigation is fixed as Rs.4,000/-.

The opposite parties are jointly and severally liable to pay the amount within 45 days from the date of passing the orders, failing which 10% compound interest shall be charged on the entire amount of Rs.10,229/- (6,229/- + 4,000/-).

The consumer complaint is disposed of with the aforesaid observation and direction.

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.