CASE No. CC/109/2018.
Date of Filing: Date of Admission: Date of Disposal:
13.06.18 04.07.18 21.08.19
Complainant: Maslem Mondal
S/o Ajit Mondal
Vill&PO- Rajnagar, Tehatta
PS-Hariharpara, Dist-Murshidabad
Pin-742175
-Vs-
Opposite Party: 1. The Divisional Manager,
New India Assurance Co. Ltd.
Berhampore Divisional Office,
37 A, R.N. Tagore Road (1st Floor)
PO&PS-Berhampore, Dist-Murshidabad
Pin-742101
2. Authorised Signatory,
Shriram Transport Finance Co. Ltd.
6, Turner Morrison Building,
(1st Floor), Lyons Range
Kol-700001
Agent/Advocate for the Complainant : Sri. Sadhan Kr. Saha.
Agent/Advocate for the Opposite Party : None.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Maslem Mondal (here in after referred to as the Complainant) filed the case against The Divisional Manager, New India Assurance Co. Ltd. Berhampore Office and Another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant purchased a truck have registration No. WB-65A/3902 from the previous owner Dilip Roy and Uma Sankar on 01.02.18 with the finance from the OP No.2. The said vehicle was registered in the name of the Complainant on 02.04.18 and he got the registration certificate from the State Transport Department, Malda RTO and thereafter the said vehicle was insured under the commercial vehicle package policy for a period from 09.04.18 to 27.08.18 and the OP No.1 issued the policy certificate. When the driver was plying the vehicle from Krishnanagar to Rejinagar on 12.04.18 at Govindpur, Panjab Hotel on National Highway-34 a cow was crossing across the road and the driver who saved the cow dashed against the divider on the road for which the damage was caused to the vehicle. The Complainant lodged GD bearing No. 342 dated 12.04.18 at Minabazar, Kaliganj, Nadia and informed the matter to the OP No.1 who appointed a surveyor. The surveyor went to the spot and took pictures of the said vehicle and the Complainant submitted claim intimation letter on 18.04.18 along with all relevant documents i.e. Complainant got an estimate for repairing his vehicle from Maa Tara Gas Wielding Works on 16.04.18 totaling Rs. 5,50,000/- only. The OP No.1 after getting the claim form issued the letter stating that owner of the vehicle failed to apply within fourteen days from the date of transfer i.e. on 01.02.18 to the insurer for making insured changes. Though the Complainant submits that he got his vehicle insured on 09.04.18 and it was a new and fresh insurance policy but the OP refused to consider the same. Finding no other alternative and considering his suffering and loss filed this instant case before this Forum for appropriate relief.
After service of notice the OP did not turn up to contest the case.
Now the question arises whether the Complainant is a consumer and he is entitled to get relief as prayed for?
Decision with Reason
Undoubtedly the Complainant purchased a truck having registration No. WB-65A/3902 from the previous owner Dilip Roy and Uma Sankar on 01.02.18 with the finance from the OP No.2. The said vehicle was registered in the name of the Complainant on 02.04.18 and he got the registration certificate from the State Transport Department, Malda RTO and thereafter the said vehicle was insured under the commercial vehicle package policy for a period from 09.04.18 to 27.08.18 and the OP No.1 issued the policy certificate. When the driver was plying the vehicle from Krishnanagar to Rejinagar on 12.04.18 at Govindpur, Panjab Hotel on National Highway-34 a cow was crossing across the road and the driver who saved the cow dashed against the divider on the road for which the damage was caused to the vehicle. The Complainant lodged GD bearing No. 342 dated 12.04.18 at Minabazar, Kaliganj, Nadia and informed the matter to the OP No.1 who appointed a surveyor. The surveyor went to the spot and took pictures of the said vehicle and the Complainant submitted claim intimation letter on 18.04.18 along with all relevant documents i.e. Complainant got an estimate for repairing his vehicle from Maa Tara Gas Wielding Works on 16.04.18 totaling Rs. 5,50,000/- only. But the O.P has refused to pay the same.
Section 2 (I )(d) (ii) of the Consumer Protection Act, 1986, reads as such “ 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 or who hires or avails of any services 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 beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose; for the purposes of this clause, ‘’Commercial Purpose’’ does not include use by a person of goods bought and used by him/her and services availed by him/her exclusively for the purposes of earning his/her livelihood by means of self-employment.’’
The complainant has not even asserted that he purchased the vehicle exclusively for the purposes of earning his/her livelihood by means of self-employment.’’
Considering the facts and circumstances of the case and documents filed before us and argument advanced by the Ld. Counsel we are of the view that the vehicle was used for commercial purpose. The consumer Forum has no authority to pass any order as per the Consumer Protection Act ,1986 as the complainant does not fall under the preview of consumer.
In such circumstances the complainant has failed to prove his case.
Reasons for delay
The Case was filed on 13.06.18 and admitted on 04.07.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
Fees paid are correct.
In the result, the Consumer Case fails, Hence it is
Ordered
that the Consumer Case No. CC/109/2018 be and the same hereby dismissed ex-parte against the OPs without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
