Hon’ble Mr. Subhas Ch. Guin, Member.
The fact of the instant case in a nutshell is that Complainant, Mr. Saurav Biswas purchased a Honda Unicorn-150 Motor cycle from Debnath Auto Centre, N.N.Road, Cooch Behar for RS.7977/- on 26.03.18 with the financial assistance of Rs.60000/- from L&T Finance Ltd( i.e OP-1). He took the loan from the OP1 for a tenure of 24 months with a condition to pay EMI of Rs.3038/- from 05.05.2018 to 05.04.2020 and he was paying the EMI regularly. The said motor cycle was insured with Iffco Tokio General Insurance Co .Ltd ( I.E OP-II) vide policy No 1Q2542x7 from 27.03.2018 to 26.03.2019.
On 01.05.2018 at about 9.00 pm the Complainant met with an accident with another motor cycle in which he sustained injury and motor cycle was damaged. Thereafter Complainant’s father lodged an FIR with Pundibari P.S and informed the Insurance company about the accident. Accordingly a GR case No-694/18 was started .
Then surveyor of Insurance company enquired about the accident and made necessary survey and settled the accidental claim to the tune of Rs.35000/- and informed the complainant about the same by SMS. After releasing the motor cycle from the Police station he gave his motor cycle to service centre for repair work for which they estimated Rs.50000/- ( approx) for the same .Complainant paid Rs.30000/-to service centre as advance for the repairing job. Thereafter complainant received a cheque of Rs.35000/- dt.24.12.2018 having No 653540 drawn on Dentsche Bank , Mumbai in favour of L&T Finance Ltd A/C Sourav Biswas by post from insurance Company. ( i.e OP-II) as an amount of compensation of damage caused by the accident. After receiving the cheque he visited the office of OP-II who advised him to deposit the cheque to the OP 1 for its encashment. He deposited the said cheque to the OP 1 on 15.01.2019 who gave him an acknowledgement and assured him to refund the amount after encashment of the said cheque. But till date OP 1 did not refund the said amount to the complainant despite repeated request verbally and written by him. On 24.03.2019 he sent a legal notice to OP1 requesting to refund the said amount of Rs.35000/- within seven days from the receipt of the notice. OP1 received the legal notice on 25.03.2019 but neither OP 1 responded to that notice nor refunded the amount claimed by complainant. Finding no other alternative complainant filed this instant case before this Commission for redressal of his grievance. He claimed Rs.35000/- as insurance claim amount,Rs.20000/- for mental agony and harassment,Rs.20000/- for deficiency in service & unfair trade practice,Rs.10000/- for cost of litigation and Rs.5000/- for fee paid to Ld. Advocate & others charge. He also claimed interest @8% on Rs.35000/- from 15.01.2019 till its realization.
POINTS FOR DISCUSSION
- Is the complainant a Consumer?
- Has this commission jurisdiction to try this case ?
- Is the complainant entitled to get reliefs ?
All the points are taken up together for discussion. Complainant purchased the motorcycle by taking a loan of Rs.60000/- from the L&T Finance Co. Ltd (OP-I) and he entered into an agreement with the Company for which he was paying the EMI of Rs.3038/- regularly to the OP-1 company . Thus he become a consumer of the OP-I company under 2(7)(ii) of the CPA 2019. He claimed Rs.90000/- plus interest @ 8% on Rs.35000/- as a relief for his grievances. So the amount is within the pecuniary limit of this Commission. So this Commission has the right to try this instant case.
He met with an accident in which his motor cycle was damaged and he claimed for accidental damage to the insurance (Iffoco Tokio) company with which his motor cycle was insured. He received a cheque of Rs.35000/- as compensation to the damage from the insurance company and deposited the same to the OP1 Company for encashment as the same cheque was drawn infavour of L&T Finance Ltd A/C Sourav Biswas. But despite repeated request verbally and written OP-1 did not refund the said amount to him.
Even after receiving a legal notice Op-I company neither responded nor refunded the said amount to the complainant. Op1 company received the summon from this Commission but did not turn up before this Commission to contest the case. So the case was heard exparte against O.P.1. From the case record it is found that OP –II company contested the case by filing w/v, evidence on affidavit and written arguments. They issued the cheque of Rs.35000/- for damage of the motor cycle after surveying the damage infavour of the L&T Finance Ltd A/C Sourav Biswas. In written argument they mentioned that the settlement was done with the consent of the insured and the cheque was issued in favour of L&T Finance Ltd A/C Sourav Biswas as it was hypothecated to the Finance Company.
So the case is dismissed against OP 2 Company without cost.
The cheque of Rs.35000/- was deposited to the OP-I by the complainant on 15.01.2019 for encashment. From the bank statement it is found that EMI’s were deducted from 05.05.2018 to 05.08.2019 ( 16 EMI’s) and then deduction was stopped on and from 05.09.2019.The amount of Rs.35000/- was lying with the OP-I from 15.01.2019 to 05.09.2019 and then stop deduction of 8 EMI’s was made which might have been adjusted from the amount of cheque deposited by the complainant.
If it is so then rest amount of Rs.10696 is still with the OP-I which must be refunded by the OP-I.
Neither the matter of stop deduction of EMI’s was intimated to the complainant nor NOC was issued by them in favour of the complainant which is urgently needed. Hence it is a gross deficiency in service on the part of the OP-I. It is evident that Complainant was harassed by the OP-I which in turn caused mental pain and agony. Thus complainant is entitled to get relief.
Hence, it is
Ordered
That the instant case be and it is heard exparte against OP-1. The OP 1 is directed to pay an interest @ 9% PA on Rs.35,000/- from 15.01.2019 to 05.09.2019 and to pay a reducing balance interest @ 9% PA on Rs.35,000/- from 05.09.2019 to 05.04.2020.The OP.1 is also directed to pay the rest amount of Rs.10,696/- with an interest @9% PA from 05.04.2020 to till realization of the amount. The OP.1 is directed to pay Rs.8000/- for deficiency in service, Rs.8000/- for mental pain and harassment and Rs.3000/- for litigation cost. The O.P-I is directed to pay the said awarded sum within 45 days from the date of this order.
Let plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
