West Bengal

Kolkata-I(North)

CC/146/2022

Hussain Ali - Complainant(s)

Versus

The New India Assurance Co. Ltd. and 2 others - Opp.Party(s)

Jayanta Kumar Ghosh

03 Jun 2022

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/146/2022
( Date of Filing : 18 May 2022 )
 
1. Hussain Ali
S/o Ainul Hoque, Ajimtola, P.O. - Khejuriyaghat, P.S. - Baishnabnagar, Pin - 732127.
Malda
West Bengal
...........Complainant(s)
Versus
1. The New India Assurance Co. Ltd. and 2 others
Malda Division Office (513000), Represented by Chief Manager cum Authorized Officer, 21/22, Rabindra Avenue, Malda, Pin - 732101.
Malda
2. The New India Assurance Co. Ltd.
Regional Office, Customer Care Dept., Represented by its Chief Manager cum Authorized Officer, 4, Mangoe Lane, 1st & 2nd Floor, P.S. - Hare Street, Kolkata - 700001.
3. The Tata Motors Finance Solution Ltd. (Proforma opposite party)
Malda Branch, Represented by its Chief Mamager cum Authorized Officer, Manaskamana Road, Malda, Pin - 732101.
Malda
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swades Ranjan Ray PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 03 Jun 2022
Final Order / Judgement

Order No.3                 Date: 03.06.2022

Ld. Advocate for the complainant is present.

Heard the submission of Ld. Advocate. It appears from the Annexure ‘D’ that there was an agreement between the owner Hussain Ali and the Md. Muktar Ahmed Ansari. It was agreed that the second party will pay monthly rent of Rs.70,000/- to 1st party for using vehicle of the first  party vide vehicle no.WB 65B 7912.  Thereafter second party violate the terms of the agreement as a result the first party lodged a complaint before  the Baishnabnagar P.S., District of Malda U/S420 /406 /34 IPC. That complaint is still pending. In this complaint case, complainant made a complaint against the New India Assurance Co. Ltd. for nonpayment of insurance money on the ground that the alleged car has been theft but it appears from the FIR and the bilateral agreement dated 12/08/2020, that the story of theft is not correct. This is a dispute between the parties and the case is pending for violation of the terms of the agreement. So complainant is not a consumer under C.P. Act and there is no cause of action against the complainant files this case.

                                             Hence, this complaint case is rejected. 

 
 
[HON'BLE MR. Swades Ranjan Ray]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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