Punjab

Nawanshahr

CC/32/2017

Wariyam Chand - Complainant(s)

Versus

M/s Lally Autos - Opp.Party(s)

Gulshan Rana

06 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR 

 

Consumer Complaint No    :      32 of 2017

Date of Institution                         :    06.07.2017                    

Date of Decision                 :    06.08.2018

Wariyam Chand (age 50 years about) s/o Tulsi Ram, Resident of Village Alowal, Post Office Hiyatpur Rurki, Tehsil Balachaur, District Shaheed Bhagat Singh Nagar.

                                                          ….Complainant

Versus

1. M/s Lally Autos, Banga Road, Nawanshahr, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar, through its Proprietor/Manager.
2. United India Insurance Company Limited, Banga Road, Nawanshahr, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar, through its Proprietor/Manager.

Opposite parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:         

S.A.P.S. RAJPUT, PRESIDENT

S.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES

For Complainant           :         Sh.Gulshan Rana, Advocate

For Op No.1                            :         Ex parte.

For OPs                         :         Sh. Brij Thakur, Advocate

 

ORDER 

PER S.KANWALJEET SINGH, MEMBER

1. This complaint filed by complainant under Section 12 of the Consumer Protection Act, 1986.  Further, it is averred that complainant is an agriculturist and purchased a tractor Mahindra 215 Yuvraj, 15 H.P. Engine No.GWRA12160, Chassis No.GWRA12160, Colour Red, on dated 12.02.2015 vide bill No.69.   Complainant has no other source of income to earn his livelihood.  OP No.1 had sold the said tractor to complainant for a sum of Rs.2,50,000/- and has assured and promise to provide full insurance policy and registration certificate of said tractor to complainant.  OP No.1 had told to complainant that it was their responsibility to complete all the formalities for grant of the registration certificate of tractor as they were authorized dealer and on these assurance and promises so rendered by OP-1 the complainant had purchased the said tractor.  Complainant has paid Rs.2,50,000/- and OP issued receipt of Rs.2,40,000/- and after receiving this sum the OP had assured to provide full insurance policy and registration certificate of tractor of complainant.  After some days the complainant came to know that the registration certificate of the vehicle was applied by OP-1 with office of District Transport Office, Nawanshahr and complainant visited the said office to collect registration certificate of tractor.  When complainant inquired about insurance policy of tractor from OP-1 but all in vain and finally OP-1 issued copy of proposal form to complainant. At that time complainant came to know from OP-1 that said insurance of tractor was issued by OP-2 was only for Rs.2135/- moreover it was only third party insurance policy not full insurance as assured and promised by OP-1.  Complainant also surprised when he came to know that father of complainant was made a nominee in the said insurance proposal who had already expired long ago.  Complainant also approached to OP-2 in this regard and asked about the reasons for providing the third party insurance policy then OP-2 told the complainant that they do not provide the full insurance for lessor amount i.e. 2,50,000/- which was not a satisfactory explanation on the part of OP-2.  Feeling aggrieved from the said explanation when complainant had shown the insurance proposal form to OP-2 and when they checked it from their record they told that said policy was not issued by them and it was not a genuine policy.  Complainant had requested to OP-2 to provide this information in written form to which they refused.  It is further prayed that OPs be directed to provide genuine insurance policy of tractor in question and pay compensation to the tune of Rs.50,000/- for sufferings and harassments alongwith heavy costs.
2. Notice of the complaint was given to the OPs.  OP-1 was failed to appeared and ultimately was proceeded against ex-parte.  OP No.2 appeared through counsel and filed written statement and contested the complaint by taking preliminary objections that the proposal form supplied to the OP – Insurance Company is a forged and fabricated document which does not belong to the OP Insurance Company.  Since the answering OP did not receive any premium, no liability can be assumed by the answering OP in terms of provision of 64VB of the Insurance Act 1938, which states that “No insurer shall assume any risk in India in respect of any insurance business on which premium is not ordinarily payable outside India unless and until the premium payable is received by him or is guaranteed to be paid by such person in such manner and within such time as may be prescribed or unless and until deposit of such amount as may be prescribed, is made in advance in the prescribed manner”.  This Forum has got no jurisdiction to try the present complaint.  The proposal form is forged and fabricated document which does not bear the stamp, seal and signature of the OP Insurance Company and was manufactured to play fraud with OP- Insurance Company, hence, in the present complaint intricate question of facts are involved which require lengthy full scale trial and recording of evidence of numerous witnesses, therefore, the mater be referred to Civil Court where both the parties have ample opportunity to lead the evidence as per provision of Indian Evidence Act. Complainant is estopped by his act and conduct to file the present complaint.  Complainant has not approached to this Forum with clean hands.  On merits, it is admitted to the extent that the proposal form is not a genuine document as the same was not issued by OP-Insurance Company.  The pleading of the complaint speaks in volume that the tractor of the complainant was not insured with OP-Insurance Company and the proposal form is a forged and fabricated document. Rest of the averments have been denied by answering OP and prayed for dismissal of the present complaint.
3. In order to prove complaint, counsel for the complainant, tendered into evidence self declaration of complainant Ex.CW1/A alongwith documents i.e. Ex.C-1 to Ex.C-2 and then closed the evidence.
4. In order to rebut the evidence of the complainant, counsel for OP-2 tendered into evidence, affidavit of Tirath Ram Sharma, Deputy Manager Ex.OP2/A and closed the evidence.
5. We have heard counsel for the parties and also gone through the case file very carefully.
6. Learned counsel for both the parties argued similar to their respective pleadings. So no need to reproduce for want of repetition.  In nutshell, there is only dispute of insurance policy of tractor in question.  From the pleading of the OP No.2 is clear that Op No.1 has not issued a valid and genuine policy documents to complainant.  Moreover, Op No.1 is already ex parte and failed to appear and press the case.  As such an adverse inference drawn against Op No.1 and Op No.1 is deficient in providing consumer services to complainant. Therefore, complainant is entitled for relief claim.
7. Ex.C-1 is invoice dated 12.02.2015 date of filing of complainant is 06.07.2017.  As per the contention of OPs counsel that complainant not come to this Forum within limitation as per Section 24 (A) of Consumer Protection Act which is reproduced as under:-

“(1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

2.  

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”

8. No application for condonation of delay has been filed nor delay explained by complainant in this complaint.  Resultantly, complainant has miserably failed to explained delay, hence the present complaint is dismissed for want of limitation.
9. Copies of the order be sent to the parties, as permissible, under the rules.

Dated 06.08.2018                                                         

 

 

(Kanwaljeet Singh)                (A.P.S. Rajput)

Member                                  President