Complainant through Lrd. Adv. Khurjekar
Opponent No. 1 and 2 through Lrd. Adv. Awekar
Opponent No. 3 through Lrd. Adv. Ghorpade
Opponent No. 4 through Lrd. Adv. Akut
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(31/12/2013)
This complaint is filed by the complainant against the Insurance Company, manufacturing company and the dealer of the vehicle for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts of the complaint are as follows,
1] The complainant is a resident of Karvenagar, Pune – 52. He has purchased Wagon-R from the opponent no. 4 by exchanging his old vehicle. At that time, the opponent no. 4 agreed for continuing previous insurance policy and also assured to give “No Claim Bonus” to the complainant. Thus, the complainant is entitled for the refund of Rs. 7,218.50 by way of “No Claim Bonus”. That amount is not refunded by the opponents, hence the complainant has claimed said amount along with interest @ 15%, damages and compensation of Rs. 25,000/- and notice charges. The total claim of the complainant is Rs. 36,000/-.
2] The opponents have resisted the complaint by fling written version. According to the opponent no. 4, the amount, which is claimed by the complainant, is paid by issuing cheque bearing no. 397468 dated 26/10/2009 towards full and final settlement of “No Claim Bonus” amount i.e. to the tune of Rs. 5,884/- and the complainant had acknowledged the said cheque. Hence, the complaint is not at all maintainable against the opponent no. 4.
According to the opponent no. 1 and 2, as the amount is already paid by the opponent no. 4, this complaint is not at all maintainable. There is no privity of contract between the complainant and opponent no. 1 to 3. They have prayed for dismissal of the complaint. The opponent no. 1 and 2 have filed application for dismissing the complaint on the ground that the complainant has already received amount of Rs. 5,884/- and he has to withdraw the complaint, but still the complaint is not withdrawn by the complainant.
3] The complainant has remained absent after filing written version by the opponent and he has not filed rejoinder in order to rebut the contents in the written version. This indicates that the dispute between the complainant and the opponent is resolved. It further reveals from the copy of the letter, which was addressed to the opponent no. 4 by the complainant dated 21/10/2009 that the complainant has asked refund of “No Claim Bonus” above the said letter it is referred that, his account is settled and there is nothing pending as regard this complaint. The complainant remained absent continuously. In such circumstances, I held that no dispute is remained between the parties. Hence, we pass the following order.
** ORDER **
1. Complaint stands dismissed with
no order as to the costs.
2. Copies of this order be furnished to
the parties free of cost.
3. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
Place – Pune
Date- 31/12/2013
