DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT
C.C. No. : 341 of 2017
Date of Institution: 11.10.2017
Date of Decision : 04.11.2019
Ravinder Kaur aged about 25 years wife of Mangat Ram son of Kalu Ram r/o Mohalla Mahi Khana, Faridkot.
...Complainant
Versus
- Manager, Hinduja Layland Finance Ltd, SCF-39, Sector 59, Phase-5, Mohali.
- Managing Director, Hinduja Layland Finance Ltd. Opposite Jorjia Hotel, 1st Floor, Hanumangarh Road, Abohar.
- Ashok Kumar, Agent Hinduja Layland Finance Ltd., Balbir Basti, Faridkot.
.............OPs
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum: Sh. Ajit Aggarwal, President,
Smt Param Pal Kaur, Member.
Present: Sh Sandeep Khosla, Ld Counsel for Complainant,
Sh Simer Vijay Singh, Ld Counsel for OPs No.1 and 2.
Complaint against OP-3 is Dismissed as Withdrawn vide
order dated 20.03.2018.
ORDER
(Ajit Aggarwal, President)
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Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to make payment of insurance claim after the death of Mangat Ram deceased husband of complainant and for further directing OPs to recover the instalments of truck through insurance and to pay Rs.1,00,000/- as compensation for deficiency in service, harassment and litigation expenses.
2 Briefly stated, the case of the complainant is that deceased husband of complainant purchased one truck bearing registration no.PB-04V-3652 worth Rs.14 lacs with the financial assistance of OPs in 2015 and completed all formalities regarding finance and insurance of said truck was to be done by OP-3 at the instance of OP-1 and OP-2 at Faridkot in the house of complainant. Before purchasing the said truck, OP-1 and OP-2 assured complainant about insurance of truck that would cover the entire risk of truck and also told about instalments of truck. They also assured her husband that in case policy holder fails to pay instalments, then, whole instalments would be recovered through said policy especially in case of death. All this was explained by them in the house of complainant in her presence. OP-1 and OP-2 sent OP-3 in the house of complainant for completing all formalities regarding finance of truck and for obtaining said policy and instalment amount was taken by OP-3 from the house of complainant. OPs assured that insurance policy
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was taken and is attached with loan file. Husband of complainant had full faith in OP-1 and OP-2 and also due to his busy schedule, he could not take the policy from them. further submitted that husband of complainant died on 12.04.2017 at Satrawa District Jodhpur in Gandhi Hospital and after his death, complainant requested OPs to claim instalments through the insurance policy, but they refused her saying they have not done any insurance policy from which they could claim the instalments of truck though disclosed regarding insurance of said policy in the presence of complainant at her house. Complainant moved letter dated 16.06.2017 requesting them to issue insurance policy and for claiming the instalments through said policy, but they replied the same with wrong facts. Thereafter, complainant approached Ops several times with requests to them to issue her insurance policy, but they refused to provide the same. Even legal notice dated 14.08.2017, issued by complainant bore no fruit. All this amounts to deficiency in service and trade mal practice. Complainant has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.
3 The counsel for complainant was heard with regard to admission of the complaint and vide order dated 14.11.2017, complaint was admitted and notice was ordered to be issued to the opposite party.
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4 On receipt of the notice, the OPs filed written statement taking preliminary objections that complainant has concealed the material facts from this Forum and has misstated the real facts. As per terms and conditions of Loan Agreement, the vehicle in question was insured by answering OPs for one year but it is wrong that they provided life insurance to Mangat Ram deceased husband of complainant. OPs have not deducted any amount qua insurance premium of owner of said vehicle. At the time of entering into loan agreement, complainant assured to pay all the instalments punctually, but a huge amount is pending against him. complainant has not disclosed before the Forum that despite requests by their officials to her husband to clear the outstanding dues, her husband did not pay any heed to their genuine requests. Moreover, arbitration proceedings are still pending against husband of complainant. however, on merits, OPs have denied all the allegations of complainant being wrong and incorrect and brought before the Forum that complainant is not entitled for relief sought as her husband was not insured under any insurance policy. It is sternly denied that said Mangat Ram was covered by alleged insurance policy and even no instalment amount was ever taken from the house of complainant as alleged by her. Complainant has concocted a false and frivolous story and abused the process of law. It is denied that he ever obtained Insurance Policy from answering OPs and as such, complainant is not entitled for any relief. It is reiterated that deceased Mangat Ram did not take any Insurance Policy from answering
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OPs, which was effective at the time of his death and as such, now, complainant is not entitled for any relief. All the other allegations and allegation with regard to relief sought too are denied being wrong and incorrect and it is further averred that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.
5 Parties were given proper opportunities to prove their respective case. Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-67 and then, closed their evidence.
6 Despite availing sufficient opportunities, OP-1 and OP-2 did not conclude their evidence, therefore, vide order dated 23.10.2019, evidence of OP-1 and OP-2 was closed by order of this Forum.
7 We have heard the ld counsel for complainant as well as OPs and have carefully gone through the pleadings, arguments, evidence and documents placed on record by respective parties.
8 Ld Counsel for complainant vehementally argued that husband of complainant, purchased one truck with the financial assistance of OPs in 2015 and completed all formalities regarding finance and insurance was to be done by OP-3 at the instance of OP-1 and OP-2. OP-1 and OP-2 disclosed them that insurance cover of truck would cover the entire risk of truck and in case of death or if policy
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holder fails to pay instalments, then, whole instalments would be recovered through said insurance policy. OP-1 and OP-2 sent OP-3 in the house of complainant for completing all formalities regarding finance of truck and for obtaining said policy and instalment amount was taken by OP-3 from the house of complainant. OPs assured regarding purchase of that insurance policy and said that it is attached with loan file. Having full faith in OP-1 and OP-2 and also due to his busy schedule, her husband could not take the policy from them. Husband of complainant died on 12.04.2017 at Satrawa District Jodhpur in Gandhi Hospital and after his death, complainant requested OPs to claim instalments through the insurance policy, but they refused her saying truck of her husband is not insured with them. Complainant made requests to OPs through several letters and legal notice, but all in vain. It is amounts to deficiency in service on the part of OPs and has caused harassment and mental agony to them. Complainant has prayed for accepting the present complaint.
9 To controvert the allegations of complainant, ld counsel for OPs asserted that complainant has concealed the material facts from this Forum because as per terms and conditions of Loan Agreement, the vehicle in question was insured by answering OPs for one year but it is wrong that they provided life insurance to Mangat Ram deceased husband of complainant. They did not deduct any amount qua insurance premium of owner of said vehicle and at the time of entering into loan agreement, complainant assured to pay all the instalments punctually, but
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a huge amount is still outstanding against him. Complainant has not disclosed before the Forum that despite requests by their officials to her husband to clear the outstanding dues, her husband did not pay any heed to their genuine requests. Moreover, arbitration proceedings are still pending against husband of complainant. However, on merits, OPs have denied all the allegations of complainant being wrong and incorrect and brought before the Forum that complainant is not entitled for relief sought as her husband was not insured under any insurance policy. It is sternly denied that said Mangat Ram was covered by alleged insurance policy and even no instalment amount was ever taken from the house of complainant as alleged by her. Complainant has concocted a false and frivolous story and abused the process of law. It is denied that he ever obtained Insurance Policy from answering OPs and as such, complainant is not entitled for any relief. It is reiterated that deceased Mangat Ram did not take any Insurance Policy from answering OPs, which was effective at the time of his death and as such, now, complainant is not entitled for any relief. All the other allegations and allegation with regard to relief sought too are denied being wrong and incorrect and it is further averred that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.
10 From the carful perusal of record and evidence produced by respective parties, it is observed that grievance of the complainant is that her husband purchased a truck with the financial
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assistance of OP-1 and 2 and at the time of purchasing the said truck, OP-1 and OP-2 got insured his truck with assurance that in the event of his death or other such circumstances, the remaining instalments of loan would be paid by Insurance Company. Husband of complainant died and after his death, complainant approached OPs and requested them to give death claim and to recover the instalments of truck from insurance amount, but OP-1 and OP-2 denied her genuine requests on the ground that there is no insurance cover in respect of truck in question. Ld counsel for complainant stressed that OP-1 and OP-2 insured the said truck but did not provide the insurance policy regarding truck in question to them. On the other hand OPs brought before the Forum that they never got any such insurance of truck or husband of complainant with any Insurance Company and therefore, no relief as sought by her is permissible to her. It is disclosed that husband of complainant defaulted in making payment of instalments in time and huge amount pertaining to his loan account is pending against said Mangat Ram deceased husband of complainant. despite repeated reminders, said Mangat Ram did not clear the amount due and outstanding against his loan account. Even there is no single document on record placed by complainant that can show and give hint that truck of deceased husband of complainant was under any such type of insurance cover. No insurance policy or insurance document or receipt regarding payment of insurance premium is brought on record by complainant. Therefore, in these circumstances, when there is no record
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available regarding insurance of said truck, it cannot be believed that there is any such insurance regarding the truck under which, in case of any mishappening with the husband of complainant, the remaining instalment of loan would be paid by Insurance Company.
11 From the above discussion, we are of considered opinion that complainant has failed to prove her case. Hence, complaint in hand is hereby dismissed being devoid of any merits. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of the order be supplied to parties free of cost under rules. File be consigned to record room.
Announced in Open Forum
Dated : 4.11.2019
(Param Pal Kaur) (Ajit Aggarwal)
Member President
