Bihar

StateCommission

CC/43/2016

Ramjee Prasad Agrawal, Patna (Bihar) - Complainant(s)

Versus

Managing Director, Cholamandalam MS Insurance Co. Ltd - Opp.Party(s)

Adv. Mohan Prasad

20 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
Complaint Case No. CC/43/2016
 
1. Ramjee Prasad Agrawal, Patna (Bihar)
Ramjee Prasad Agrawal son of Late Shaligram Agrawal, Resident of 51, Kadam Kuan, Chudi Gali, PO, PS- Kadam Kuan, Dist- Patna (Bihar)
Patna
Bihar
...........Complainant(s)
Versus
1. Managing Director, Cholamandalam MS Insurance Co. Ltd
Managing Director, Cholamandalam MS- Insurance Co. Ltd. 163, Hari Niwas Tower, 1st and 2nd floor, Thambu Chetty Street, George Town, Chennai - 600001
Chennai
Tamil Nadu
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shailesh Kumar Sinha PRESIDENT
 HON'BLE MR. Upendra Jha MEMBER
 HON'BLE MRS. Renu Sinha MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 20 Jan 2017
Final Order / Judgement

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

      BIHAR : PATNA.

   (Complaint Case No. 43 of 2016)

Ramjee Prasad  Agrawal,

S/O- Shaligram Agrawal

R/O- 51, Kadam Kuan, Patna                                                                  Complainant.

                      Versus

M.D Cholamandlam,

MS Insurance Co. Ltd.

Chennai and another                                                                             Opposite parties.

Present:

                             Hon’ble Mr. Justice S.K. Sinha, President,

                             Hon’ble Shri Upendra Jha, ADM (Retd) Member,

                             Hon’ble  Smt. Renu Sinha, Member (F)

 

20.01.2017                                 O R D E R ON ADMISSION MATTER

 

Upendra Jha, Member.

                    This complaint is preferred by the complainant against the opposite parties with a prayer to direct the opposite parties for payment of Rs. 1,34,800/- as insurance claim Rs. 1,50,0000/- ( One lac fifty thousand only)  by way of motor garage rent Rs. 30.52 lacs interest @ 48% P.A. due to non- repair of Vehicle  and other charges altogether Rs. 39,93,200/-.

2.       Brief facts of this case is that the complainant purchased a vehicle by taking loan of Rs. 10.00 lacs from Cholamandlam Investment and Finance company Ltd. through Patna Branch and the vehicle  was insured by the opposite party for Rs. 10,83,730/-. On the way of Koilkata, this  vehicle met with an accident on 27.07.2014 in West Bengal. F.I.R was lodged  in local  police station. The opposite party was informed  who deputed a surveyor  to assess  the loss of damage. The Surveyor  reported a loss of Rs. 1,34,800/-. But the claim was not settled. Then the complainant has filed  this complaint for the above relief.  

3.       The opposite party filed a preliminary objection stating that this complaint  is not entertainable before  this commission for want of pecuniary jurisdiction  as the sum assured  of this vehicle is Rs. 10,83,739/- and the survey or  has assured the loss of Rs. 1,34,800/-. As the complainant did not submit the required document hence the claim was not settled.  This  complement   is fit to be dismissed at the admission stage.

4.       Heard the parties and perused  the documents filed by the parties as also the preliminary objection raised by the opposite party. It is clear that the vehicle  was insured for Rs. 10,83,739/- only and the surveyor assessed  the loss of damage for Rs. 1,34,800/- only other  claims like 48% P.A. interest for Rs. 30,52,000/- others are not  justified. Under section 17 (I) (a) (i) of the consumer protection Act 1986 State Commission has jurisdiction where the value of the goods or services and compensation  if any exceeds Rs. 20,00000/- ( Twenty lacs)  but does not exceed Rs. 1,000000/- ( One crore only). The claimed  amount in our openion is below  Rs. 20,00000/- ( Twenty lacs only). Hence the complaint is not maintainable  before  this commission. Therefore, it is dismissed at the admission  stage itself. However, we have not expressed our view regarding  the merits of this case. If so adduced,  the complaint  file complaint before an appropriate District Forum.    

                             This complaint is dismissed let a free copy of this order be issued to the concerned parties free of cost.    

    

 

S.K.Sinha                            Renu Sinha                           Upendra Jha

President                              Member(F)                               Member(M)

 Mukund         

 
 
[HON'BLE MR. JUSTICE Shailesh Kumar Sinha]
PRESIDENT
 
[HON'BLE MR. Upendra Jha]
MEMBER
 
[HON'BLE MRS. Renu Sinha]
MEMBER

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