C.C. No.90/2021

Rinarani Sahoo,

W/o. Late Ramesh Sahoo,

Vill.- Brahmandihi,

P.O.- Tentulibelari,

P.S.- Balikuda,

Dist.- Jagatsinghpur.                                                  …………. Complainant

                             (Versus)

1. Mahindra & Mahindra Financial Services Ltd.,

Represented through its Branch Manager,

At- 1^st Floor, Unit-1, Nandishosh Arena,

G.A.-1, Plot No.1246, Bapuji Nagar,

Bhubaneswar- 751009.

2. Mahindra & Mahindra Financial Services Ltd.,

Represented through its Managing Director,

Registered Office At 2^nd Floor,

Sadhana House, Behind Mahindra Tower,

570 P.B. Marg, Worli,

Mumbai- 400018.

3. Branch Manager,

Mahindra & Mahindra Financial Services Ltd.,

At- 2^nd Floor, Near IFFCO Chhack, Paradeep,

P.O./P.S.- Paradeep,

Dist.- Jagatsinghpur- 754142.

4. M.B., National Insurance Co. Ltd.,

At- Charchika Bazar,

P.O./P.S./Dist.- Jagatsinghpur.

5. the Regional Manager,

National Insurance Co. Ltd.,

Registered & Head Office:

3, Middleton Street, Post Box No.9229,

Kolkata- 700071.

6. The R.M., National Insurance Co. Ltd.,

At- IDCO Tower, 6^th Floor, Janapath,

Bhubaneswar- 751022.

7. The Manager, Aditya Motors,

At- N.H.5, Bamphakuda, Phulnakhara,

Cuttack- 754001.

8. The Managing Director,

Trishakti Motors,

At/P.O.- Punanga,

P.S./Dist.- Jagatsinghpur- 754103.…..… Opposite parties

For Complainant………..Mr. K.C. Parida, Advocate

For O.P. No.1 to 3………..Mr. P.K. Ray & Associates

For O.P. No.4 to 6………..Mr. S. Nanda & Associates

Opposite Party No.7………..In Person

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                 JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties No.4 & 5 to pay rest part of the policy amount Rs.96,696/- along with 12% interest from the ate of accident and opposite parties pay compensation towards mental harassment and financial loss”.

            The brief fact of complainant is that, the husband of complainant was the owner of vehicle (Bolero) bearing Regd. No.OD-05-AN-1610 which met with an accident at Atharbanki Road, under Paradeep P.S. The husband of complainant has expired on 22.8.2020 leaving behind the complainant and her children and being the widow she claims to be the owner. The vehicle was insured in the name of complainant’s husband was not changed for which it is stated and claimed that the claim of complainant has been rejected. The claim of complainant is only against O.P. No.4 & 5.

            Opposite party No.1 to 3 are financers who have filed their written version on 26.10.2021 stating that complainant’s husband approached this opposite parties to avail finance for purchasing a Mahindra Bolero vehicle. A loan cum hypothecation agreement was executed between the complainant and the opposite parties for aforesaid vehicle on 29.12.2018.  Under the said agreement an amount of Rs.7,80,000/- was financed on which Rs.4,57,870/- was finance charges (interest etc.) and the agreement value of Rs.12,37,870/- was payable in 65 equal monthly installments starting from 05.01.2019 to 05.5.2024 @ Rs.19,250/- per month.  The complainant failed to his contractual obligations to pay the installments in time and because of the covid-19 pandemic 6 months moratorium period was allowed till August, 2020 and thereafter also complainant failed to regularize to his loan account for which it was again restricted on 20.6.2021 and the complainant is liable to pay Rs.9,65,825/- as on 28.10.2021. 

            The opposite party No.7 is the Garage/Work Shop who has filed the written version and stated as under;

            The entire complaint petition is based upon non settlement of insurance claim to which opposite party No.7 has got nothing to do in the matter. Save and except this opposite party financier has sold the vehicle on 28.12.2018 in the name of one Ramesh Sahoo, son of Hari sahoo, At- Brahmanadihi, Dist. Jagatsinghpur with proper documentation incorporating opposite party No.7 is mis joinder of party.

            The main contestant opposite parties have though appeared but not filed any written version and none of the parties appeared and assisted this Commission. We have perused the records and the opposite parties No.4 & 5 being the insurer are liable to pay the damage as the vehicle was insured in the name of complainant’s deceased husband. Merely on the ground that the vehicle was not insured in the name of complainant and it was in the name of her husband, the claim cannot be repudiated.

            We therefore direct the opposite parties No.4, 5 & 6 insurance company to settle the claim by paying Rs.96,696/- within 45 days from the date of receipt of this order, and we award compensation Rs.10,000/- towards mental agony and Rs.7,000/- towards cost of litigation. With the aforesaid observation and direction the consumer complaint is disposed of.

            Pronounced in the open Commission on this 27^th June,2024.