DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 29 OF 2017

Ashok Nayak (30 Years),

S/O- Babaji Charan Nayak,

R/O. BTM Colony, Jharsuguda,PS/Dist: Jharsuguda,

At Present residing at Amlipali Reserve Police Line, Jharsuguda,

PS/ Dist: Jharsuguda, Odisha……………..…………………….………………Complainant.

Versus

1. Branch Manager,

Indusind Bank,Jharsuguda Branch, Beheramal,

PS/Dist: Jharsuguda.

2. Branch Manager,

Indusind Bank Ltd. Customer Finance  Division,

Sambalpur OSS Branch, Plot No. 2121/2392,Unit 14,

PO: Budharaja, Sambalpur, Odisha.

3. Chola MS GIC Ltd., 45/46, 2^nd Floor, Ashok Nagar,

Bhubaneswar- Odisha- 751009.…….…...……………….……..….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                        Probodh Ku. Patel, Adv & Associates.

For the Opp. Party No.1 & 2                            A.K. Sahoo, Adv. & Associates.

For the Opp. Party No.3                                 B.K.Purohit,Adv. & Associates.

Date of Order: 12.12.2017

Present

                                                                              1. Shri Sundar Lal Behera, President.

                                                                              2. Shri Santosh Kumar Ojha, Member.

                                                                              3. Smt. Anamika Nanda, Member (W).

Shri Sundar Lal Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan  from the O.Ps. and purchased one vehicle bearing Regn. No. OD-16B-6621 and was paying Rs.72,900/- as monthly installment.  The vehicle met with an accident on dt.08.08.2016 and after repairing the vehicle was road worthy on 27.11.2016.  The complainant lodged insurance claim of Rs.68,336/- but the O.P.No.3 paid Rs.60,000/- only. During the repairing in garage the vehicle was stayed about four months but as per the policy conditions the O.P.No.3 paid EMIs. on two months only.  The O.P.No.1 & 2 puled away the vehicle forcefully from the complainant without issuing any seizure list, hence on the above facts the complainant filed this case.

The O.Ps. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.P.No.1 & 2 jointly  submitted that the complainant had taken loan of Rs. 22,91,360/- only and he had to refund Rs.31,75,936/- only with interest in 45 nos. of monthly installments as per the loan agreement the complainant fails to pay the EMIs. regularly and denied on any deficiency in service and prayed for dismissal of the case.

The O.P No.3 submitted that the complainant has taken one goods carriage package policy of insurance valid from 22.12.2015 to 21.12.2016 after accident of the vehicle it was inspected on dt.27.10.2016 and claim of Rs.67,297/- only was assessed and it was paid to the repairer Sri Jagannath Motors Rourkela.  The EMIs. paid for two months taking into consideration the date on which the vehicle was brought to the garage i.e. dt.27.08.2016 which was after 19 days from the accident and the vehicle was handed over to the insured on dt.27.10.2016.  The O.P.No.3 denied on any deficiency in service and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The O.P.No.1 & 2  financed the vehicle of complainant bearing Regn. No. No. OD-16B-6621 for an amount of Rs. 22,91,360/- only which was to be refunded with interest  amounting Rs.31,75,936/- only in 45 numbers of monthly installments. The O.P No.3 insured the said vehicle under goods carriage package policy of insurance valid from 22.12.2015 to 21.12.2016 under certain terms and conditions to pay the EMIs. if the vehicle will be in the garage for repairing.  After accident of the vehicle dt.08.08.2016 one Surveyor and Loss Assessor has visited on 27.10.2016 it was inspected on dt.27.10.2016 and assessed loss of Rs.67,297/- only which was paid to the repairer of the vehicle namely Sri Jagannath Motors,Rourkela. The EMIs. paid for two months taking into consideration the date on which the vehicle was brought to the garage i.e. dt.27.08.2016 which was after 19 days from the accident and the vehicle was handed over to the insured on dt.27.10.2016.                          

On the above mentioned observations and analysis there is no deficiency in service found on the part of O.ps. , hence the present case is hereby dismissed with no costs.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 12^th day of December’ 2017 and copy of this order shall be supplied to the parties as per rule. 

                                                                          I Agree.                           I Agree.                                                                                            

                                                               A.Nanda, Member             S.K.Ojha, Member            S. L. Behera, President                 

                                                      Dictated and corrected by me

                                                         S. L. Behera, President