Today has been fixed for necessary order on the admissibility of the complaint.
Heard, the ld Counsel for the Complainant on 3-6-2024
The complainant submitted that he is the owner of a vehicle bearing registration no. AS01 LC 3956 and the said vehicle was insured with the opp.party no. 1 Insurance company vide policy no. 01609242870200. That on 8.5.2023 the said vehicle met with an accident at Haripur, Nalbari and the vehicle got damaged. The Nalbari Police Station registered a case and kept the said vehicle in their custody.
It is submitted by the complainant that the complainant had informed the opp.party insurance company about the incident and submitted his insurance claim and same was duly acknowledged by the opp.party no. 1 & 2 . The complainant informed the authorized service center as well as TATA Motor Finance Ltd. through his registered mobile number. After getting such information the authorized service center took the custody of the said vehicle from the Nalbari Police station for the purpose of repairing the damaged vehicle without the knowledge of the complainant . The complainant was assured by the opp.party no. 4 (M/S Tata Motor Finance Ltd. that it is a cashless garage and the complainant is not required to pay any amount for repairing of his damaged vehicle. Therefore, the complainant was completely unaware of any amount to be paid to the garage for repairing his vehicle .
It is further stated by the complainant that on 26.12.2023 he received a letter from the opp.party no. 4 M/S TATA Motor Finance Ltd. that they have taken symbolic possession of his vehicle from the garage of HL Motors and obtained a valuation report of the vehicle and asked the complainant to participate in the bidding process . The complainant on being mislead, approached the opp.party no. 4 to stop the proceeding of sale of his insured vehicle.
It is again stated by the complainant that with malafide intention on 26.12.2023, the opp.party no. 4 lodged an FIR before the Patacharkuchi Police Station, falsely stated that the vehicle of the complainant was found abandoned at national Highway 31.
The complainant submitted in the complaint petition that on 5.1.2024 he received a letter from Mrs. Sonika Dixit, Arbitrator in Arbitration Proceeding Case No.TMFSL/404/2046 of 2023 arising out of Agreement/Contract No. 5003135124 executed between Tata Motors Finance Limited and the Petitioner by Speed Post wherein a certified true copy of the Arbitral Award dated 18.12.2023 passed by Mrs. Sonika Dixit, Advocate , Sole Arbitrator in Arbitration Proceeding Case no. TMFSL/404/2046 was enclosed.
The complainant was shocked to find that Arbitration case was filed against him and same was disposed of exparte. The complainant came to know that the subject matter of the Arbitration case was for the loan amount for a sum of Rs.18,65,197/- only out of a loan cum hypothecation cum guarantee agreement dtd. 18.6.2019 . It is the contention of the opp.party no. 1 that the complainant while continuing to enjoy the use of the said vehicle, started defaulting in paying the installments on various dates and failed to repay . The opp.party insurance company recalled the loan facility vide loan recall notice dtd. 18.7.2023 issued through their advocate.
The complainant further stated that the opp.party company had charged the complainant to recover an amount of Rs. 12, 53,711.76 paisa along with a interest 36% per annum. But prior to the accident of the said vehicle, the complainant was regularly paying the installment amount without any default and he paid more than 50% of the loan amount . The opp.party have not deducted the said amount and as such the claim of the opp.party company against the complainant is fake, false and concocted. It is evident that the award has been obtained by way of fraud and mis-representation as there is no mention of the complainant’s payment of installment amount. The opp.party company had issued an advocate notice dtd. 18.7.2023 intimating the petitioner to pay outstanding amount.
The complainant submitted that being aggrieved and dis-satisfied with the exparte arbitral award dtd. 18.12.2023, the complainant preferred an appeal before Hon’ble Additional Judge No. 2, Kamrup Metro, Guwahati for setting aside the exparte arbitral award dtd. 18.12.2023. The Hon’ble Additional Judge No. 2, Kamrup Metro, Guwahati vide order dtd. 13.2.2024 issued notice to the Opp.parties .
The complainant submitted that there was no negligence from the part of the insured of the vehicle. The denial of their legitimate claim of the complainant by the opp.party is arbitral. Hence, the complainant prays for the following relief,
1) Claim amount of Rs.12,53,711.76/-
2) Compensation for mention agony and hard-ship of Rs. 6,00,000/-
3) Cost of the proceeding Rs.50,000/-
4) Interest @ 10% per annum from the date of filing till payment.
5) Any other relief for which complainant is entitled.
We have gone through the complaint along with the annexed documents of the complaint. We have taken the proposition of the Hon,ble Supreme Court wherein
the Hon’ble Supreme Court has held in
City Union Bank Ltd. V.R. Chandramohan, 2023 SCC that when proceedings before the Commission under the Consumer Protection Act, is summary in nature , the complaints involving highly disputed question of facts or the cases involving tortious Acts or criminality like fraud or cheating , cannot be decided by the Forum/Commission, under the said act.
Our view is, as this complaint involves various disputed questions of facts ,accordingly, complaint is rejected.
