West Bengal

Rajarhat

CC/290/2022

Mr. Ranjan Pal, S/o. late Golok Bihari Pal - Complainant(s)

Versus

The Bajaj Allianz General Insurance Company, The Deputy Manager (Motor Claims) - Opp.Party(s)

Mrs. Malabika Mitra

28 Jun 2022

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/290/2022
( Date of Filing : 16 Jun 2022 )
 
1. Mr. Ranjan Pal, S/o. late Golok Bihari Pal
F/D 13, Swamiji Pally, Gopalpur, Jyangra , P.S- Baguiati, kolkata-700059.
...........Complainant(s)
Versus
1. The Bajaj Allianz General Insurance Company, The Deputy Manager (Motor Claims)
Galaxy House (4th Floor) Sevoke Road, 2nd Mile, P.O- Siliguri, P.S-Darjeeling, Pin-734001.
2. The Manager (Motor Claim) Bajaj Allianz General Insurance Company Ltd.
GE Plaza, Airport Road, P.S-Yerwada P.O- Pune, Pincode-411006.
3. The Manager (Motor Claim) Bajaj Allianz General Insurance Company Ltd.
164, Canal Circle Road, 6th Floor, Mani Square Premises, Kolkata-700054, P.S- Phool Bagan, P.O- Kankurgachi.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Partha Kumar Basu PRESIDING MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 28 Jun 2022
Final Order / Judgement

The Ld. Advocate for the complainant is present.

Today is fixed for admission hearing.

The Ld. Advocate for the complainant submits that complainant purchased a vehicle for commercial purpose which is under cover of insurance at the time of accident of the said vehicle and the complainant claimed insurance coverage from the OP after the occurrence of the accident.

In view of the submission of the complainant, it appears from the submission of the Ld. Advocate for the complainant that the complainant purchased the vehicle in question for commercial purpose. Under the provision of Consumer Protection Act, 2019 a consumer means any person who “buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.” According to the provision of C.P.Act, 2019 the complainant does not fall under the definition of consumer.

Hence this case is not admitted.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER

 
 
[HON'BLE MR. Partha Kumar Basu]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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