BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, RAJASTHAN, JAIPUR


Appeal No. 342/2003


Jagdish Chandra Tiwari vs United India Insurance Co. & Ors.


30 .07.2009


Before:

Mr. G.S. Hora, Presiding Member

Mr. Sikandar Punjabi, Member


Present:

Mr. Asgar Khan, counsel for the Appellant

Mr. M.L. Vyas, counsel for the Respondents


Heard.


This appeal is against the order dated 23.12.2002 passed by the learned District Forum, Pali whereby the complaint was dismissed.


The Complainant's vehicle which was under hire-purchase agreement with Ashok Leyland Finance Co. Ltd. (ALFCL) met with an accident during currency of insurance policy for which a claim was filed which was earlier repudiated. Feeling aggreived by the repudiation, complaint was filed before the learned District Forum.


On 22.7.1998, the Respondent Insurance Co. while allowing the claim partly, paid a sum of Rs. 68,658/- to ALFCL. The Complainant has raised objection to the payment by Insurance Co. to the ALFCL. There is no dispute on this point that the vehicle was puchased by the Complainant under Hire-Purchase Agreement with ALFCL and on assessing the loss to the tune of Rs. 68,658/-, the same was paid by the Insurance Co. directly to the ALFCL. The plea of the Insurance Co. is that under Hire-Purchase Agreement, the owner of the vehicle was still ALFCL and therefore the amount of loss was paid to the said Company. The learned counsel for the Appellant submitted that already a case had been filed by the Complainant against the ALFCL for rendition of account and claim of Rs. 87,786/- with interest @ 18% and in view of this, the payment should not have been made by the Insurance Co. to ALFCL as no amount was due to ALFCL.


In our view, as the vehicle was still under Hire-Purchase Agreement and if the Insurance Co. thought it proper to handover the amount to the Company who had given the loan, it cannot be said that

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there has been deficiency in service. A document has been filed by the Insurance Co. which bears the signatures of the Complainant which authorised the Insurance Co. to pay the amount to ALFCL.


For the reasons stated above, we find no force in this appeal and the same is dismissed with cost on parties.



Member Presiding Member



Hira Lal