DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
FAHEEM KHAN V/S IFFCO TOKIO GENERAL INSURANCE CO. LTD.
Case No :- 60/2024
Date : 29.02.2024
Present : Ld. Counsel for complainant with complainant in person
Arguments heard further. During the arguments he has submitted that he has already sold the vehicle as it was getting deteriorated day by day. This case of the complainant in nutshell is that vehicle of the complainant met with an accident whereafter it was taken to MD Ventures Pvt. Ltd. (Shubham Ford), authorised service centre of the manufacturer (OP1) who has given an estimate of Rs.944745/- and when the proposal was given to the OP for reimbursement of the amount, the same was objected to and has neither been accepted nor rejected the claim, which amounts to deficiency in service and as such he has filed the present complaint case against OP with the prayer that OP be directed to pay Rs.944745/- with interest @ 18% p.a. and compensation of Rs.200000/-.
During the arguments it is informed that complainant has sold the vehicle to some scrap dealer. Letter is taken on record. Coming to the legal proposition and keeping in view the Judgment held in the case of Tata Motors Ltd. & Anr. Vs. Hazoor Maharaj Baba Des Raj & Anr. (In case vehicle was sold which is in question)
In the light of above observations, we find that as complainant did not remain consumer after sale of vehicle and he has sold the vehicle without permission of the District Forum and has suppressed this fact and has not approached the courts with clean hands, complaint is liable to be dismissed
Therefore, the Commission is of the opinion that after having sold the vehicle complainant would no more remain a consumer after selling their vehicle and accordingly complaint case before this Commission is not maintainable and the same is rejected.
Original documents be returned to the complainant.
File be consigned to Record Room.
