BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.236 of 16.

                                           DATE OF INSTITUTION: - 2.11.2016.

                                                               DATE OF ORDER: -11.05.2017.

Mukesh Singh son of Sh.Richpal Singh, resident of village Jatu Lohari, Tehsil Bawanikhera, District Bhiwani.

           ……………Complainant.

VERSUS

1. Mahindra & Mahindra Financial Service Ltd., Hansi Road near K.M.Public School, Bhiwani, Mahindra Tower, 2^nd floor, Opp.B.D.Gupta Building, Bhiwani through authorized signatory.

1. Mahindra & Mahindra Financial Service Ltd., Corporate Office, 2^nd floor, Sadana House, 570 P.B.Marg, Worli Mumbai through authorized signatory.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -   Shri Rajesh Jindal, President.

Shri Parmod Kumar, Member.

Present:-  Sh.N.M.Sharma, Advocate for complainant.

                Ops exparte.

ORDER:-

Rajesh Jindal, President:

                    Brief facts of the present complaint are that the complainant is owner of Scorpio bearing No.HR61A-2265 which was insured with OIC Ltd. on dated 19.2.2014.  It is alleged that the complainant has got refinanced his vehicle on 24.7.2013 from OPs and the OPs assured that they insured the vehicle on 19.2.2014.  It is further alleged that the amount of installment was Rs.14,400/- but the OPs have charged Rs.15,400/- as installment from the complainant i.e. Rs.1000/- in excess on account of insurance.  It is alleged that OPs have failed to supply the insurance to the complainant despite several requests.  It is further alleged that the complainant failed to use in vehicle in the absence of insurance and suffered a loss of Rs.1,00,000/-.  It is alleged that the complainant has not paid balance amount of installment i.e. Rs.34,500/- to the OPs because they have not supplied the insurance to the complainant.  It is further alleged that the complainant has got a legal notice dated 4.7.2016 to the OPs through his counsel Sh.N.M.Sharma, Advocate but OPs have failed to comply with the notice The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment and financial losses.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation.

2.                 OP No.1 and 2 have failed to come present.  Hence, they were proceeded against exparte vide order dated 15.3.2017.

3.                 In order to make out his case, the complainant has tendered into evidence documents Annexure-A to Annexure-T.

4.                 We have gone through the record of the case carefully and have heard the counsel for the complainant.

5.                 The counsel for complainant reiterated the contents of the complaint.  He submitted that the complainant has got financed his old vehicle from OPs and installment of Rs.14,400/- was fixed but the complainant paid Rs.15,400/- includes Rs.1000/- per month as insurance premium.  The OPs despite getting money from the complainant failed to issue the policy.  Therefore, the complainant could not ply his vehicle and he has suffered loss.  The OPs are liable to pay compensation to the  

6.                 The complainant has placed on the file the copy of insurance certificate-cum-policy schedule for private car package- Zone B, which was valid upto 19.2.2014.  The plea of the complainant that due to non supply of insurance policy by the OPs, the complainant could not ply the vehicle and the vehicle is standing since then, seems untenable because if the OPs have not given the policy to the complainant, the complainant was at liberty to take the policy of the vehicle in question and nobody can stop him from taking the policy of the vehicle.  The Ops did not bother to appear and put their defence.  The complainant has stated in the complaint that a sum of Rs.36,500/- has not been paid by the complainant to the OPs.  Keeping in view the facts and circumstances of the case, we partly allow the complaint of the complainant against the Ops.  The OPs are directed to settle the account of the complainant without charging the penalty.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 11.05.2017.                                               (Rajesh Jindal)

                                                                                  President,  

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

                    (Parmod Kumar)              

                                          Member.