Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member

This appeal has been filed against the judgement and order passed by District Consumer Disputes Redressal Forum, Satara in consumer complaint no.337/2009 dismissed on 21/11/2009.  Forum below was primarily pleased to dismiss the complaint of the appellant observing that appellant had not produced NOC from the ICICI Bank-Financer from whom appellant had procured loan and had purchased vehicle under Hire Purchase Agreement.  In the circumstances, it was the duty of the appellant to procure NOC as demanded by the Insurance company from the financer of the vehicle.  Since it was not done despite the voucher signed by the appellant, Insurance company was not releasing the amount of claim in favour of the complainant and, therefore, complainant filed consumer complaint.

Forum below rightly observed that it was the complainant’s adamant attitude which prevented him from getting the amount under insurance claim from the Insurance company.  Now it has been told to us that pending this appeal on 09/10/2009 he had procured No Objection Certificate from ICICI Bank. So there is no legal hitch for the Insurance company /respondent herein to pay amount as per survey report.  In the circumstances, we are finding no merit in appeal.  Appeal is devoid of any substance.  Hence we pass following order:-

                                                          ORDER

Appeal stands dismissed.  However, we direct respondent/Insurance company to pay insurance claim of the appellant as per survey report within 15 days from the date of receipt of order.

Copies of the order be furnished to the parties.