DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KANDHAMAL, PHULBANI

                                                                                            C.C.NO. 17 OF 2015

Present:

                          Sri Rabindranath Mishra              - President.

                         Miss Sudhira Laxmi  Pattanaik      - Member.

Sri Sudhansu Sekhar Das, aged -32 years.

S/O: Late Kunja Bihari Das. At: Mandikunda Chhak( By pass Road)

PO/PS: Phulbani Town. Dist : Kandhamal                                     ……………….  Complainant.

                                Versus .

The proprietor Chhabra Flyers (p) Ltd.

Plot No- 378, Beldihi Chawk. Kalunga, Rourkella.

Dist: Sundargarh, Odisha- 770031.                                            …………………….  OPP.Parties.

For the Complainant: self.                                                             

For the OPP. Parties   :  None.

Date of Order: 07-11-2015

O R D E R

                                    The case of the Complainant in brief is that he had purchased one Figo car on 23-11-2014 from Chhabra Flyers (p) Ltd Rourkella, the Opposite Party by submitting one demand draft for Rs 5,84,089/-. The said Figo car met an accident on the way for which he produced the Figo before the Opposite Party for necessary repair. The Opposite Party had not given any money receipt on 23-11-2014 due to Sunday and assured to give the money receipt on 24-11-2014. As the money receipt was prepared on 24-11-2014 and the accident was held on 23-11-2014, the Insurance Company denied to settle his claim. Hence, he paid Rs. 45,000/- to the O.P and bring his vehicle from him. On 26-03-2015 the said vehicle again met an accident at Ranipathar Ghati for which the Complainant had produced his vehicle at Capital Ford of Bhubaneswar for repair. He has paid the repaired amount of Rs. 7417/- and took delivery of his vehicle. As the accident was held during the warranty period of the vehicle he is entitled to get the expenditure amount from the Insurance Company. Then he reported the matter before the Consumer Counseling Center, Phulbani. The Oppoiste Party

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intimated that he has no liability in this matter. Hence, the Complainant has filed this complaint claiming entire expenditure amount of Rs. 1, 86,567/- along with Rs. 200.000/- towards compensation for his mental agony and financial loss from the O.P.

                                     The Opposite Party was set exparte as failed to file his version in this case. We have heard the complainant, perused the complaint petition and the documents filed by him in support of his case. On perusal of the record it is seen that the Insurance Company is not made as a party in this case, even if no relevant documents are available in the record regarding the name of the Insurance Company under which the vehicle was insured. The Complainant has also not filed the money receipt given by the Opposite Party on 24-11-2014 in order to prove the deficiency in service on the part of the Opposite Party .The alleged vehicle met accident twice but there is no evidence on the record whether the Complainant has filed an F.I.R before the concerned police station. In absence of material documents it can not be said that the O.P has committed any deficiency in service in his part. Hence, the Complaint filed by the Complainant is dismissed exparte against the Opposite Party but without any cost.  In the said circumstances the Complainant is at liberty to file fresh case against the Insurance Company if his claim was repudiated by the Insurance Company.

                                      The C.C is disposed of. Supply free copies of this order to both Parties.         

                                                                      MEMBER                                                     PRESIDENT