BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that complainant is a permanent resident of the above noted address and Citizen of India by birth. Complainant namely Smt. Chabi Batabyal (an aged and ailing lady) was a regular customer and consumer of the O.P. insurance Company and had purchased a vehicle (Magic Iris 5 seater) for maintaining our family livelihood, by taking a Motor Vehicle Loan vide Loan Contract No. 5001649188, Vehicle Registration No. WB 30 Q 9542, Engine No.- S3M8225239, Chassis No. MAT491106EJB01029. After taking the loan, complainant was regularly paying the monthly installments without any fail, and he was paying the same by cash to one staff of Op company namely Sri Malay Pal. The OP Company, through their above named agent, used to demand whimsical amount of money on each and every month, and despite her several requests and demands, the Op Company did not give her the loan documents and account statements. On continuing this whimsical mode of payment, complainant along with his husband went to the office of the OP and firmly demanded the account statement and all other documents to enquire about the loan status. Thereafter, complainant received two legal notices for and on behalf of OP Company, both issued on 08.02.2017, one issued by Ld. Advocate Mr. Chandrasekhar Sarkar who demanded Rs. 102005/- as full and final demand, and the other was issued by Advocate Avanish Saran & Co. Who demanded Rs. 220474/- as full and final demand. After receiving the above two self contradictory notices, both issued on same date i.e. 08.02.2017 demanding different amounts, complainant became utmost confused and stunned, and immediately visited the office of the OP to get the full clarification and explanation. During their visit, the OP inspected the above two bogus and baseless Legal Notices, and after verifying the loan documents lying with them, the OP finally declared that only an amount of Rs. 70000/- was due on the part of complainant for the full and final clearance of the above loan. It is hereby mentioned that complainant is a village lady who always kept her utmost trust, faith, belief and confidence upon the words of the OP and therefore she arranged for the above amount of money and immediately paid the same amount of RS. 70000/- on 20.02.2017. Complainant was assured that all her dues had been finally paid and soon she would be provided the “Loan Clearance Certificate”, “No dues Certificate” etc. Thereafter on 27.12.2017, complainant was called over telephone by the men of Op to come at Mechada Railway Station along with her vehicle, but when the husband of complainant went there at 2:00 P.M., suddenly some henchmen deputed by the OP snatched the vehicle from his custody and took the same at their required destination. Be it firmly noted that, during this theft of vehicle by the OP. no single piece of documents, viz. “Repossession/Seizure List” or “any order of award by any arbitrator etc” or any court order had ever been shown produced or handed over to him, and till date there is no such documents. Being utmost stunned, the husband your complainant immediately lodged a criminal case against the OP and his staff vide Complain case No.- 258/2018 before the Ld. CJM Purba Medinipur which is still pending at the Court of Ld. J.M. 2nd Court at Tamluk without any progress whatsoever. Till date complainant is in complete darkness about the whereabouts of his vehicle and the further activities of the OP. It is humbly submitted that insurance is a business which depends upon the trust, faith and belief of common people but the activities of the O.P. bank, in illegal and purposive connivance with it’s staff, are fully against those fair policy of business, and not only that, it breaches several provisions of law of the land and results in gross deficiency in rendering service. Complainant being a bona fide consumer under the OP, has been forced to suffer a severe loss, harassment, illegality, threat and mental pain due to gross negligence and severe deficiency in rendering service by the OP. The whole act done by Opposite Party’s end is not only illegal and against the settled principles of law, but also tantamount to sheer deficiency in rendering service and negligence causing serious mental agony and economical loss to complainant. Finding no other alternatives complainant is hereby filing this Case. The cause of action of this case has finally occurred on 27.12.2017 i.e. the day of illegal theft of vehicle, Therefore, the complainant prayed for directing the Opposite Party to provide the loan clearance/ no due certificate to your complainant with immediate effect and to return back the Vehicle bearing Registration No. WB 30G 9542, Engine No.- S3M8225239, Chassis No. MAT491106EJB01029 to pay a compensation of Rs. 4,50,000/- to complainant by opposite party for negligence and deficiency in service, business loss and harassment to pay litigation cost of Rs. 30000/- to the complainant for conducting this case. And to pass such other orders of relief as the ld. Commission may deem fit and proper.
Notice was issued upon the Opposite Party. Despite service of notice the OP did not appear to contest the case. Hence, the case is heard ex-parte against the OP
Points for determination are:
1. Is the case maintainable in its present form and in law? 2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant ,evidence and the documents produced by Complainant. It appears that it is averred in the complaint that the cause of action of this case has finally occurred on 27.12.2017 i.e. the day of illegal theft of vehicle. The case has been filed on 17.02. 2022. The case has been filed not within two years from the date on which the cause of action has arisen. The complainant has not assigned any sufficient cause for not filing the complaint within statutory period in the complaint or during the stage of adducing evidence, reason for condoning such delay has not been averred. As such the complaint is barred by limitation under section 69 of the C P Act 2019.The complainant has suppressed the facts of Arbitration proceeding in the complainant. The complainant has not been able to show that she has paid the all due amounts, installments, or the One time settled amount if any. She has not filed any statement of account to substantiate her claim against the op. No money receipt for Rs.70,000/- has been filed. Complainant has not filed RC Book to establish her ownership in respect of the vehicle. In the facts and circumstances of the case complainant has failed to prove the elements of unfair trade practice or deficiency of service. The complaint is not maintainable in its present form and in law. The complainant is not entitled to get any relief as prayed for.
Thus both the points are decided accordingly.
Resultantly, the case fails
Hence, it is
O R D E R E D
That CC/17 of 2022 be and the same is dismissed ex-parte
Let copy of the judgment be supplied to the complainant free of cost
