West Bengal

Siliguri

CC/118/2018

SRI RABINDRA KUMAR JAISWAL - Complainant(s)

Versus

THE DIVISIONAL MANAGER - Opp.Party(s)

AVROJYOTI DAS

19 Dec 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/118/2018
( Date of Filing : 03 Dec 2018 )
 
1. SRI RABINDRA KUMAR JAISWAL
S/O LATE MANI KANT JAISWAL,R/O BHANUBHAKTA SARANI, GURUNG BASTI, NEAR ST, THOMAS SCHOOL,PO & PS-PRADHAN NAGAR,DIST-DARJEELING,PIN-734003.
...........Complainant(s)
Versus
1. THE DIVISIONAL MANAGER
RELIENCE GENERAL INSURANCE,GITANJALI COMPLEX,2ND MILE,2ND FLOOR,SEVOKE ROAD,SILIGURI-734001,DIST-DARJEELING,WESTBENGAL.
2. RELIENCE GENERAL INSURANCE
H BLOCK,1ST FLOOR,DHIRUBHAI AMBANI KNOWLEDGE CITY,NAVI MUMBAI-400710,CORPORATE OFFICE: RELIENCE CENTRE, SOUTH WING,4TH FLOOR,OFF.WESTERN EXPRESS HIGHWAY,SANTACRUZ,(EAST)MUMBAI-400055.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MRS. MALLIKA SAMADDER MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Dec 2018
Final Order / Judgement

Today is fixed for admission hearing of this case. Complainant files hazira. Ld advocate for the complainant is present. The case record is taken up for admission hearing. Heard the Ld advocate for the complainant.  The fact of the case in brief is that complainant on 02.03.2016 had purchased Royal Enfield Classic 350 Ash bike upon payment of ex-showroom price 1,32,705/- and thereafter for that bike entered into an insurance policy with the OPs insurance company.  The bike met an accident on 06.08.2017 and the same was required repairing and insurance was claimed and thereafter complainant sold the said bike to someone else and now this case has been filed against the insurance company for getting award. On due consideration of all the relevant materials on record it appears to us that the bike in question for which insurance policy is there have already been sold by the complainant and in view of the circumstance there is no doubt in it that at present the complainant is not a consumer as he has left the said bike by selling it to someone else after getting consideration money and thus in view of the definition of the term ‘Consumer’ as envisaged in C.P. Act. 1986, while the complainant is not consumer the instant case is not admitted.

 

 
 
[HON'BLE MR. Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MRS. MALLIKA SAMADDER]
MEMBER

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