West Bengal

Bankura

CC/26/2018

Sri Uddhab Pathak - Complainant(s)

Versus

M/S De Automobile - Opp.Party(s)

Tapan Dey

04 Jul 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.26/2018

      Date of Filing:  13/04/2018

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:Ld. Advocate Tapan De

For the O.P.: None

 

Complainant:

Sri Uddhab Pathak, S/o Late Subhas Chandra Pathak, Vill & P.O.Sonardanga, P.S.Indpur, Dist.Bankura

Opposite Party:

1.M/s De Automobiles, Khatra, LICI Rd, Khatra, Dist. Bankura

2.Hero Finance Corporation Ltd., C/o M/s De Automobiles, Khatra, LICI Rd, Khatra, Dist. Bankura

 

FINAL ORDER / JUDGEMENT            

                                                                                                                                               

Order No.43

Dated:04-07-2024

Complainant files hazira through advocate.

No step is taken by the O.P.s who are found absent on repeated call nor any written version is filed within the statutory period.

The case is taken up for Ex-parte hearing.

The Complainant’s case is that he purchased a Hero Motor Cycle (Model Achiever) with Engine No. being KCIOEFFGKO1609 and Chasis No. being MBLKCIOETFGKO7762 financed by O.P. No.2 in exchange of his old Motor Cycle for Rs.73,025/- including the charges for Registration Certificate, Insurance Policy and other requisite papers and got it delivered under Delivery Challan No.409, dt.09/11/2015. But at the time of delivery of the Motor Cycle O.P. No.1/Dealer did not hand over any Insurance Paper and Registration Certificate and other requisite papers for which several requests were made by the Complainant and lastly on 08/03/2017 an Advocate’s letter was given to O.P. No.1/Dealer to that effect. In the mean time on 15/12/2015 said Motor Cycle was involved in a road accident in which the Motor Cycle was heavily damaged and the next day of the accident i.e. on 16/12/2015 the O.P. No.1/Dealer handed over one Motor Cycle Insurance Policy valid from 17/12/2015 to 16/12/2016 issued by the Oriental Insurance Co. Ltd. ignoring the commencement of Policy from 09/11/2015. The Complainant has therefore lodged the instant case for appropriate relief.

                                                                                                                                                                                Contd…….p/2

Page: 2

Neither the O.P. No.1/Dealer nor the O.P. No.2/Financer filed any written version to contest the case though they duly appeared before the Commission in response to the notices served upon them.

The Commission has examined the complaint case and all the material documents thereto. Ld. Advocate for the Complainant has drawn the attention of the Commission to the fact that though the Motor Cycle was delivered to the Complainant under Challan No.409, dt.09/11/2015 vide Annexure-A² but the Motor Cycle Insurance Policy vide Policy No.313106/31/2016/116/7 (Annexure-D) was issued valid from 17/12/2015 to 16/12/2016 ignoring the commencement of Policy from 09/11/2015. Though Registration Certificate has not  been issued in respect of the aforesaid two wheeler but the aforesaid Insurance Policy was issued without having any Registration Certificate with no Cover Note.

According to Insurance law Motor Insurance Policy stands issued w.e.f. the date of delivery of the Motor Cycle but in this case no such norms has been followed and applied in issuing the Insurance Policy. O.P. No.1 being the Dealer has the liability and responsibility to have valid and legal Policy issued in favour of the Insured and failure to do so amounts to deficiency in service within the meaning of Consumer Protection Act. Thus the motor Insurance Policy in question stands to commence on and from 09/11/2015 and be rectified accordingly by the concerned Insurance Company.

In absence of valid and legal Policy coverage the Complainant has to face the legal consequences  in connection with MAC Case No.15/17 pending before the competent court of law.

The Complainant has proved the prima facie case to get the relief as prayed for.

Hence it is ordered…….

That the case be and the same is allowed Ex-parte against both O.P.s but without cost.

O.P. No.1 and O.P. No.2 are jointly and severely directed to furnish to the Complainant valid and legal Insurance Policy commencing from 09/11/2015 along with Registration Certificate of the insured Motor Cycle and other requisite documents within a month from this date in default law will take its own course.

Both parties be supplied copy of this Order free of cost.

____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER