Order no. 2 dt. 04/12/2013.
Ld lawyer of the complainant is present.
Heard ld. lawyer and perused the petition of complaint along with documents filed thereto.
Complainant submits before the Forum that o.p. has not issued the insurance paper in respect the vehicle having regn. no.WB 15A 4855, engine no.697TC57BSZ108626, chassis no.44026BSZ107092 and complainant cannot ply his vehicle. Complainant further submits that he has purchased the said vehicle used earlier by one Sukumar Nandi. Complainant has no other source of income for his livelihood. Hence the application filed by the complainant.
We have gone through the petition of complaint along with the annexures filed thereto. Upon perusal of the entire materials on record we are of the view that the sole o.p. bank could not be held liable for issuance insurance from the competent authority. Complainant could have approached to any insurance company for issuance of insurance of the said vehicle by production the previous insurance of the vehicle.
We find no scrap of paper and/or document in the said petition of complaint that bank has approached the complainant towards seizure of the vehicle.
It is not clear from the relevant document annexed with the petition of complaint that whether the complainant is a defaulter or not towards the o.p.
With the above observations we are of the view that such petition of complaint is not just and proper to entertain before this Forum for adjudication and obviously the interim petition filed cannot be entertained under such condition.
Hence the case is dismissed pursuant to the observations as stated above.