Haryana

Kurukshetra

CC/278/2021

Dharam Pal s/o Mahinder Singh - Complainant(s)

Versus

The New India Assurance Company - Opp.Party(s)

Sanjeev bhasin

20 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

 

Complaint No. 278 of 2021

Date of institution: 20.09.2021

                                      Date of decision: 20.05.2024

 

Dharam Pal son of Shri Mahinder Singh, resident of house No.

209/1, Majri Mohalla, Shahabad Markanda, District Kurukshetra.

 

 

                                                                …Complainant.

Versus

 

1.     Branch Head, The New India Assurance Company Limited, Branch Office at Shahabad Markanda, District Kurukshetra.

2.     HDB Financial Services Ltd. Branch Office at 1^st Floor, SCO No. 39, Sector 17, Kurukshetra through its authorized person.

 

…Opposite parties

 

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Shekhar Kapoor, Advocate for OP No. 2.

OP No.1 ex-parte.

           

• :     

 

        This is a complaint under Section 35 of the Consumer Protection Act.

2.             Briefly stated, it is the case of the complainant that he is the is registered owner of Truck bearing registration No.HR65-4935 bearing chassis No.MAT466372A5F06058, Engine No.01E62884283 and the same was got financed from OP No. 2. The vehicle of the complainant was got insured with OP No.1 vide policy No.32360331190100008969 for the period w.e.f. 29.10.2019 to 28.10.2020. It is further averred that on 31.07.2020, his vehicle had theft by some unknown person. In this regard, he lodged a FIR No.415 dated 1.08.2020, U/S 379 IPC in P.S. Shahabad. The complainant also duly informed regarding the said occurrence to the Op No.1 on the same day to the OP No.1. It is further averred that the complainant approached the OP No.1 to receive the documents regarding theft of the vehicle and to release the claim, but the officials of OP No.1 refused to receive the same. It is further averred that the complainant approached to the Op No.1 in writing on 11.08.2020 with all relevant documents viz. insurance policy, Registration Certificate, FIR, but the OP No.1 linger on the mater on one pretext or the other. Hence, this present complaint.

3.             On notice, OP No.1 did not appear despite service and opted to be proceeded against ex-parte, vide order dated 02.12.2021 of the Commission.

4.            On notice, opposite party No. 2 appeared and filed their written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, it is submitted that the complaint is matter of record regarding the finance of the vehicle by the OP, the complainant and Gurpreet Kaur has approached the OPs for loan of commercial vehicle Tata 3118 and accordingly a written agreement executed between the parties and an amount of Rs.6,06,842/- was financed/disbursed to the complainant vide loan No. 9345585 on 30.10.2019 loan amount was to be repaired in 36 monthly installments of Rs. 22,404/- to be paid till 04.11.2022. It is also submitted that as per the accounts maintained by the OP in due course of business till dated 28.01.2022 an amount of Rs.5,20,024/-  is due outstanding plus future balance. This act of the part of the complainant clearly shows that the present complaint has been filed just to harass the OP illegally by filing the unwarranted litigation.

5.             Learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A and documents Ex.C-1 to Ex.C-29 and closed the evidence on 07.06.2023 by suffering separate statement.

6.             Learned counsel for the opposite party No. 2 has tendered into evidence affidavit Ex.RW1/A and documents Ex.R-1 to Ex.R-3 and closed the evidence on 02.02.2024 by suffering separate statement.

7.            We have heard the learned counsel for both the parties at length and have gone through the record available n the file carefully.

8.            Shri Sanjiv Bhasin, counsel of the OP No.1 argued that complainant is the registered owner of Truck bearing registration No. HR65-4935 bearing chassis No.MAT466372A5F06058, Engine No.01E62884283 and the same was got financed from OP No. 2. The vehicle of the complainant was insured with OP No.1 vide policy No.32360331190100008969 for the period w.e.f. 29.10.2019 to 28.10.2020. It is further argued by the counsel of the complainant that on 31.07.2020, the vehicle of the complainant had theft by some unknown person. In this regard, complainant lodged a FIR No.415 dated 1.08.2020, U/S 379 IPC in P.S. Shahabad. The complainant also duly informed regarding the said occurrence to the Op No.1 on the same day to the OP No.1. It is further argued that the complainant approached the OP No.1 to receive the documents regarding theft of the vehicle and to release the claim, but the officials of OP No.1 refused to receive the same. The counsel of the complainant also argued that the complainant approached to the Op No.1 in writing on 11.08.2020 with all relevant documents viz. insurance policy, Registration Certificate, FIR, but the OP No.1 linger on the mater on one pretext or the other.

9.             Complainant has stated that complainant approached a number of times to OP No.1 to receive the keys of the vehicle from complainant, but OPs did not receive the same. All the documents pertaining to the aforesaid vehicle bearing No.HR65-4935 have been handed over to the OP No.2.  The OP No 1 is proceeded already ex parte.   Since the vehicle was stolen at Shahabad, Kurukshetra, hence, FIR was lodged with the police Station Shahabad Markanda.    Complainant is directed to hand over the deficit documents to the respondent No.2 within a time of 15 days, if any. 

10.           Shri Shekhar Kapoor, counsel of the OP No.2 argued that the aforesaid vehicle was financed/disbursed to the complainant vide loan No.9345585 dated 30.10.2019 of Rs.6,06,842/-, which was to be repaid in 36 monthly installments of Rs.22404/- to be paid till 04.11.2022.  It is further argued by the counsel of the Op No.2 that till date 28.01.2022, an amount of Rs.5,20,024/- is due outstanding plus future balance. 

11.          In view of our aforesaid discussion, OP No.1 is directed to pay a sum of Rs.8,50,000/- along with 9% penal interest from today within 45 days as claim (insured amount).  The Op No. 1 is further directed to pay a sum of Rs.50,000/- as compensation for damages, mental trauma and harassment. The complaint is accepted with costs which is assessed Rs.11,000/-.

12.           In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 20.05.2024

                                                      (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

 

(Neelam)                (Ramesh Kumar)

Member                   Member