STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 234 of 2014
Magma Fincorp Ltd. “ Magma House” 24, Park Street, Kolkata through authorized representative Mr. Anchlesh Kumar Roy, S/o- Late Tej Bahadur Roy, presently working as the Senior Legal Executive as such he is competent to institute the present petition on behalf of the company and to do all necessary things on behalf of the company.
… Appellants/ (Opposite Parties no. 1)
Versus
1. Uday Narayan Singh, S/o- Rampati Singh, R/o- Mishrawalia, Thana- Mohania, District- Kaimur
…. Respondent No. 1/Complainant
2. Royal Sundram Alliance Insurance Co. Ltd. Millennium City, Information Technology Park, Unit no. T-2, 2A Tower II, Plot no. DN 62, Sector-5, Salt Lake, Kolkata-700091
…. Respondent no. 2/O.P. no. 3
Counsel for the appellant: Adv. Anil Kumar, Adv. Pallavi Trivedi
Counsel for the Respondent: Adv. Arvind Kumar Sinha, Stuti Shandilya & Adv. Dhananjay Kashyap
Before,
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ram Prawesh Das, Member
Dated 03.01.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of appellant- Magma Fincorp Ltd. for setting aside the judgment and order dated 25.04.2014 passed by the Ld. District Consumer Disputes Redressal Forum, Kaimur in Consumer Complaint Case no. 43 of 2013 whereby and whereunder the Ld. District Forum allowed the complaint case and directed appellant to make payment of price of the vehicle i.e Rs. 12,55,605/- within two months from the date of order failing which interest @ 9% p.a shall become payable.
Case of the complainant as made out in complaint petition is that complainant had purchased a truck at the cost of Rs. 12,97,364/- from Maurya Motor Ltd. for which the loan was provided by the appellant Magma Fincorp Financer and the vehicle was insured with Royal Sundram Alliance Insurance Company. The vehicle was used for transportation and claimant used to the repay the loan amount on monthly installment.
The vehicle of the petitioner having registration no. UP-67P-1575 was stolen by the unknown miscreants. The original documents of truck and Rs. 55,000/- which was kept in the cabin were also taken away by the miscreants. Complainant lodged an FIR giving rise to Windogra PS Case no. 133 of 2011. Police investigated the case and filed final report in the court as incident to be true but no clue and said report was accepted on 28.02.2013 by the court.
Complainant has further stated that he informed the opposite parties 1, 2 & 3 with respect to theft of the truck and filed his claim for payment of insured sum amount but inspite of several request the claim was not settled and lastly on 20.07.2013 the insurance company denied the claim and as such complainant filed the complaint case in the district consumer Forum, Kaimur.
Opposite Party no. 1 & 2 filed their written statement on 24.03.2014 in which it was stated that they are registered finance company and provided loan to the complainant for purchase of truck and are entitled for repayment of loan amount. The dispute is between insurer and insured and there is no claim against them. Opposite Party No. 3 – insurance Company filed its written statement however, the statement made therein was not filed on oath and the written statement bear no signature of any official of the insurance company.
In support of his claim case complainant had exhibited FIR, charge sheet, registration book, certificate of insurance policy, permit and driving license, however, no evidence was adduced by O.P. no. 1, 2 & 3.
After hearing the parties and considering materials available on record, the district forum held that the truck of complainant having Registration No. UP-67P-1575 was stolen on 16.11.2011 by unknown thieves for which FIR was lodged and after investigation police found the case to be true but without any clue and submitted final report in the court which was accepted by the Magistrate. Complainant had the ownership documents and the driver had a valid driving license and the vehicle had all India permit.
The vehicle had valid insurance from O.P. no. 3 Royal Sundram Alliance Insurance company which was valid on the day of theft and sum assured amount of the vehicle in insurance policy was Rs. 12,22,605/- and held that complainant is entitled for payment of sum assured amount from opposite party no. 3 and directed insurance company to pay Rs. 12,22,605/- to the complainant with Rs. 33,000/- as compensation for physical and mental harassment as such total amount payable comes to Rs. 12,55,605/-
Aggrieved by said order finance company has filed this appeal stating therein that the vehicle was financed under hire purchase agreement and was hypothecated in its favour, as such, till the loan amount is fully repaid the ownership of the vehicle remains with the financer.
O.P. no. 3- insurance company Ltd. in its affidavit has stated that the order passed by the District Consumer Forum has been complied and cheque dated 12.08.2014 for a sum of Rs. 12,55,605/- drawn in favour of President, District Consumer Forum, Kaimur has been deposited.
It has been further stated that a letter dated 13.08.2014 has been written addressed to M/s Magma Fincorp Ltd (appellant) informing them about the deposit of the amount and requested them to submit original registration certificate of the vehicle, original NOC and form 35 and subrogation letter duly signed by the owner of the vehicle before the Ld. District Forum to get the payment released in their favour.
In said view of the matter the present appeal is disposed of with a direction to the Ld. District Forum, Kaimur to disburse the amount, if not already disbursed, deposited by the insurance company to the complainant and the finance company-(appellant) in such a manner that complainant gets the total amount deposited by him to the finance company as monthly installments with interest and the finance company gets the outstanding dues against the insured vehicle with interest or by any amicable settlement/adjustment acceptable to both the parties.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
