Madhya Pradesh

StateCommission

A/15/724

ARVIND K. GUPTA - Complainant(s)

Versus

MAHINDRA & MAHINDRA FIN. SER. - Opp.Party(s)

02 Apr 2016

ORDER

Shri S. P. Tiwari, learned counsel for the appellant.

              Heard on admission.

              This is an appeal filed by the complainant against the order dated 11.06.2015 passed in C.C.No.372/2013 by the District Consumer Disputes Redressal Forum, Rewa.

               Facts of the case in short are that the complainant/appellant after obtaining finance from the opposite party/respondent had purchased a Bolero Jeep bearing registration no.MP-17 G-0856 which was insured with the Oriental Insurance Company Limited.  The said vehicle was stolen.  On claim being made the insurance company paid the amount directly to the respondent finance company.  The appellant demanded NOC regarding finance amount from the respondent financial company but the respondent refused to do so.  The appellant therefore approached the District Forum.

               The District Forum dismissed the complaint hence this appeal.

                We have heard learned counsel for the appellant and gone through the record. 

                 On perusal of record we find that the appellant was liable to repay the finance amount

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with interest to the respondent finance company to the tune of Rs.5,05,440/- as he had deposited only two instalments.  The insurance company paid an amount of Rs.4,61,650/- only to the finance company directly.  When the finance company demanded the remaining amount from the appellant, the appellant lodged a complaint against the respondent finance company alleging that despite payment received from the insurance company the respondent finance company is not issuing No dues. 

                 We are of the view when certain amount is to be repaid by the appellant to the respondent towards finance of the vehicle, the respondent finance company has not committed any deficiency in service.  The order of the District Forum dismissing the complaint of the District Forum is correct.  We do not find any infirmity or illegality in the order passed by the District Forum.  The appeal is therefore dismissed summarily at the admission stage having no merits at all.