West Bengal

Siliguri

CC/34/2022

SRI ANIL MAHATO - Complainant(s)

Versus

THE DIVISIONAL MANAGER,THE NEW INDIA ASSURANCE CO. LTD., - Opp.Party(s)

SUBHASH GUPTA

11 May 2022

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/34/2022
( Date of Filing : 27 Apr 2022 )
 
1. SRI ANIL MAHATO
S/O SRI BHOLA MAHATO,VILL-SUKANTAPALLY,MATIGARA,P.O 7 P.S.-MATGARA,DIST-DARJEELING-734010.
...........Complainant(s)
Versus
1. THE DIVISIONAL MANAGER,THE NEW INDIA ASSURANCE CO. LTD.,
MALHOTRA TOWER,2 ND FLOOR,HILL CART ROAD,SILIGURI,P.O &P.S.-PRADHAN NAGAR,SILIGURI,DIST-DARJEELING-734003(W.B).
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Kanhaiya Prasad Shah PRESIDENT
 HON'BLE MR. RAJAN RAY MEMBER
 HON'BLE MRS. MALLIKA SAMADDER MEMBER
 
PRESENT:
 
Dated : 11 May 2022
Final Order / Judgement

Complainant files Hazira Ld. Counsel of complainant is present. Today is fixed for admission hearing of the complaint. The president is present through online hearing.

 

Heard, submissions of the Ld. Counsel of the complainant. Perused the documents. It appears that complainant has purchased one Mahindra Pickup Van no. WB-73E-2202 and it was on hypothecated loan and vehicle was insured with the opposite party. Later said vehicle was stolen/misappropriated and in this respect complaint/FIR was lodged and Pradhan Nagar Police station started case no.155 of 2021 dated 15.03.2021 u/s. 406/506 I.P.C. Thereafter complainant informed the matter to opposite party and later claimed the insurance amount which was repudiated by the opposite party, so this complaint has been filed.

 

From the copy of FIR, it appears complainant has given the aforesaid vehicle to one Chotte Lal Mahato to run the said vehicle and now Chotte Lal is not returning the vehicle and he with his family members are threatening him of dire consequences and on information he came to know that  Chotte lal and his family members have sold the said vehicle. At present his vehicle has been stolen.

 

On these allegations shows that police authority has started case u/s. 406 and 506 of I.P.C and u/s. 379 of I.P.C, so there is no material available to believe allegation of theft and in such circumstances the opposite party has repudiated the claim.

 

This bench on consideration of documentary evidences and allegations made is of the view that complaint can’t be admitted.

 

Hence, consumer complaint no.34 of 2022 is not admitted.    

 

 

 
 
[HON'BLE MR. Sri Kanhaiya Prasad Shah]
PRESIDENT
 
 
[HON'BLE MR. RAJAN RAY]
MEMBER
 
 
[HON'BLE MRS. MALLIKA SAMADDER]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.