Date of filing: 13.11.2017 Date of Order : 09.10.2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
TUESDAY THE 09th DAY OF OCTOBER 2018
CONSUMER COMPLAINT No. 89 / 2017
Sri D.V. Vinod Kumar, S/o D. Venkata Ramana,
Aged about 34 years, Private employee,
#1/1810-4, Sree Nagar, Yerramukkapalli,
Kadapa, YSR district. ….. Complainant.
Vs.
1. Kamanuru Chalapati, S/o K. Chinna Kondaiah,
D.No. 6/165-1A, Mulabata Veedhi, Mydukur (M),
YSR (Kadapa) district.
2. Shri Ram General Insurance Co. Ltd.,
D.No. 1/335-336, 2nd floor, at Sri Gopal Auto Stores,
New RTC Bus Stand Road, Kadapa town,
YSR District, Rep. by its Branch manager,
Kadapa YSR (Kadapa) District. ………Opposite parteis
This complaint coming on this day for final hearing on 04.10.2018 in the presence of Sri B. Bhaskar, Advocate for Complainant and Sri J.K. Chary, Advocate for opposite party No. 1 and Sri P. Goutham Kumar, Advocae for Opposite party No. 2 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties 1 & 2 to award Rs. 10,000/- for deficiency in service, to pay Rs. 10,000/- towards damages of the car and Rs. 1,00,000/- towards cost of the car.
2. The brief facts of the complaint are as follows:- The complainant purchased TATA Indica – DLE-V2 (S-II) car bearing No. AP 04 N : 5815 from O.P.1 on 24.10.2017 and paid Rs. 1,00,000/- towards total consideration of the said car. O.P.1 submitted insurance policy of O.P.2 bearing No. 10003/31/18/009169 which is inforce from 10.8.2017 mid night of 9.8.2018 and the insurance amount of Rs. 7,218/- paid the policy covers the damages. After purchase the said card was met with an accident on 01.11.2017 and it was shifted to garage for repairs of Rs. 8,000/-. After that the complainant approached insurance company i.e. O.P.2 for the claim and O.P.2 stated that the policy was not related to the car. It was related to the tractor. Hence, they are not responsible for any damages. Hence, the complaint for the above reliefs.
3. Written version filed by O.P.1 the complainant purchased car for consideration of Rs. 1,00,000/- is totally false and the car is in good condition and it has insurance policy bearing No. 10003/31/18/009169 which covers from 10.8.2017 to 09.8.2018 after registration all documents were submitted to the complainant by O.P.1. The complainant purchased car for Rs. 50,000/-. O.P.1 is not responsible for further consequences like accident and repairs of the car. There is no FIR regarding accident car filed by the complainant. The complainant did not file any document to prove that the car met with an accident. Therefore, prayed that it is a false complaint and it is not maintainable and liable to be dismissed.
4. Written version filed by O.P.2. The complainant has to prove all the allegations mentioned in the complaint. The transaction is between only complainant and O.P.1. O.P.2 played any role in between the purchase of the car and insurance policy. The mentioned policy number in the complaint belongs to the tractor and not for car mentioned in the complaint. O.P.1 is fake insurance policy copy to the complainant and transaction is in between the complainant and O.P.1. O.P.2 had no role in that transaction. There is no deficiency in service and number policy on behalf of O.P.2. The complaint is a vague complaint and it should be proved with strict proof. The above mentioned policy No. 10003/31/18/009169 belongs to the tractor bearing No. AS 02 AC : 5139 valid from 10.4.2017 to 9.4.2018 stands in the name of Debajyoti Saikia of Nagaon Blistra, Nagaon District, Assam State.
5. As per copy of registration certificate produced by the complainant shows that the Engine No. 4551D105BUZP14666, Chassis No. 600132BUZP16089 is related to the vehicle AP 04 N : 5818 stands in the name of K. Chalapathy. On verification through online basing Engine No. 4751D105BUZP14666 and Chassis No. 600132BUZP16089 mentioned to the complainant related to the vehicle bearing No. AP 21 K : 1839 stands in the name of S. Baba Fakruddin and not the complainant mentioned vehicle No. AP 04 N : 5815. The above facts show that the complainant was not owner of the vehicle and the same was not insured with O.P.2. There is no policy issued to the complainant mentioned vehicle. In these circumstances the complaint may be dismissed with exemplary costs.
6. On behalf of complainant Exs. A1 to A5 documents were marked and on behalf of opposite parties Exs.B1 & B2 documents were marked.
7. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the opposite parties or not?
- To what relief?
8. Point Nos. i & ii. It is very clear from Ex. A1 and A2 that the O.P.1 is the owner of car. Ex. A3 shows that the complainant purchased the car and it was transferred in the name of the complainant. The complainant as mentioned in the complaint the car met with an accident and has not filed any piece of evidence to prove the accident like FIR etc., Ex.A4 are the bills filed by the complainant for the repairs of the car. Ex. A5 clearly shows that the insurance policy was in the name of G. Obulapathi, but not in the name of O.P.1 or the complainant. The complainant did not filed the insurance policy either on his name or in the name of O.P.1. O.P.2 filed Ex. B1 insurance policy belongs to Assam State vehicle i.e tractor Ex. B2 shows that the chassis number and Engine number belongs to the vehicle No. AP 21 K : 1839 but not to the vehicle of the complainant purchased. In the above circumstances the complainant utterly failed to prove his case by evidential proof. There is no insurance policy to the vehicle purchased by the complainant. The transaction is between O.P.1 and the complainant only. The complainant must be aware of each and every thing while purchasing the vehicle from O.P.1. As seen from evidence on record, complaint, and written version this is not a case of consumer complaint. The complainant himself admitted in the open Forum that he had purchased the car for Rs. 50,000/-. But in his complaint it was mentioned for Rs. 1,00,000/- he purchased the car. After hearing both sides it is very clear that this is a case between the complainant and O.P.1. The complainant says in the open court that O.P.1 had cheated him by selling the car which was not in proper condition. So it clearly shows that the complainant’s pleadings are that he was cheated by O.P.1. So this is not a proper forum to seek his remedy. There is no liability on the part of O.P.2. There is no deficiency of service. Hence, the complaint is not eligible any compensation as prayed by him and at the same time there is no deficiency in service on the part of the opposite party No.2. Hence, the complainant is not eligible for any compensation.
9. Point Nos. iii. In the result the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 9th day October 2018.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties: NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of Registration Certificate of the car and clearance certificate.
Ex. A2 P/c of form 29 (notice of transfer of ownership of motor vehicle numbers.2).
Ex. A3 P/c of form-30 application intimation and transfer of ownership of a
motor vehicle.
Ex. A4 P/c of bills towards repairs issued by the Garage (Nos.3),
Ex. A5 P/c of insurance policy,
Exhibits marked on behalf of the Opposite parties:–
Ex.B1 P/Copy of in the name of Deba Jyoyi Saikia Bearing Policy Number. 10003/31/18/009163 valid from 10.04.2017 to 09.04.2018.
Ex. B2 P/Copy of Vehicle bearing No.AP21-K-1839 Obtained through online
MEMBER PRESIDENT
Copy to :-
1. Sri B. Bhaskar, Advocate for complainat.
2. Sri J.K. Chary, Advocate for O.P.1.
3. Sri P. Goutham Kumar, Advocate for O.P.2.
B.V.P
