IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thrusday the 28^th day of September, 2017

Filed on 10.11.2016

Present

1. Smt. Elizabeth George (President)
2. Sri.  Antony Xavier (Member)
3. Smt.Jasmine.D. (Member)

in

C.C.No.361/2016

between

Complainant:-                                                                                     Opposite Parties:-

 Smt.Mercykutty                                                             1.       The Manager

W/o M.V.Thomas                                                                    Bussan Auto Finance India Pvt. Ltd

Mangalathu House                                                                    Corporate Office,  4^th Floor

Pallipad.P.O                                                                             Videocon Tower, 

Haripad,  Alappuzha                                                                 Jhan Dewalan Extension

                                                                                                New Delhi

                                                                               2.       The New India Insurance Co Ltd          

                                                                                          Divisional Office, New YMCA Bridge

                                                                                         Alappuzha

O R D E R

SMT. ELIZABETH GEORGE (PRESIDENT)

             The case of the complainant is as follows:-

          Complainant is the registered owner of the vehicle bearing registration No. Kl 29 K 4340 Yamaha Y2F- R15 EURO 2000. Engine No. of the vehicle is G3C 7E0042241 and Chassis No. of the vehicle is MEIRG061 7 F 0042185.   Complainant had approached the 1^st opposite party to avail a loan facility for purchasing the vehicle. An agreement was entered into between complainant and opposite party.    The loan agreement is numbered as TWCO 7INR00434562. Complainant had purchased the above said vehicle on 19/11/2015 from Evergreen Yamaha, authorized dealer of Yamaha.  The above said vehicle was stolen by somebody else on 2-1-2016 and the matter was intimated to Mannar Police Authorities, Alappuzha district.  And a crime was registered by Mannar Police Authorities numbered as Mannar Police Station Crime No. 5/2016 U/S 379 IPC.  The vehicle was insured with the 2^nd opposite party New India Assurance Company Ltd. for an amount of Rs.1,15,872/-.  On 18/7/2016 a legal notice was issued by the counsel for the 1^st opposite party directing the complainant to pay an

amount of Rs. 95,708.59/-.  The vehicle was used only for two months.  The matter regarding the theft of the vehicle was timely reported to the 1^st and 2^nd opposite party. Now the 1^st opposite party is demanding exorbitant amount and threatening the complainant that the 1^st opposite party will misuse the blank cheques which are in the custody of the 1^st opposite party.  Alleging deficiency in service on the part of the opposite parties the complaint is filed. 

          2. Version of the 1^st opposite party is as follows:-

          It is clearly admitted in complainant that there is an agreement between complainant and opposite party and as per the request of complainant only, opposite party sanctioned 77,000/- rupees and issued in favor of Evergreen Yamaha, authorized dealer of the Yamaha.  As a security complainant had submitted 5 blank cheque leafs which is signed by complainant.  Till this date the complainant had not paid even a single EMI.  And now demanding the five blank cheque leafs that was kept as security for the amount borrowed from the opposite party.   As per the Loan Agreement, the complainant is bound to pay the loan amount irrespective of any event or cause or reason except where the fault is done by opposite party.  There is no deficiency in service from the part of the opposite party.

          3. Version of the 2^nd opposite party is as follows:-

          This opposite party admits insurance policy with respect to motor cycle bearing engine No. G3C7E0042241 and Chassis No. MEIRG0617F0042185 Vide Policy No. 71070131150150038010 Wef. 19/11/2015 to 18/11/2016 and the IDV under the policy is Rs.1,15,872/-.  It is submitted that the company received a theft claim with respect to the above said motor cycle from the complaint and the company while processing the file for settlement it is noticed that the complainant has not produced certain documents and the key of the vehicle which are highly necessary for the settlement of theft claim. But the complaint has not produced the said documents even after the repeated request of the company.  Even now the company is ready to settle the claim if the complaint produced the following documents.

1. Original of the Registration Certificate of the vehicle.
2. Original of Insurance policy
3. Key of the vehicle two in number
4. No objection Certificate from the financer for disbursing the amount  to the complainant.
5. RTO documents

Hence this Forum may direct the complainant to produce the above documents and key of the vehicle. There is no deficiency in service from the part of the opposite party.

4.  Complainant filed documents which were marked as Ext.A1 to Ext.A3.  The 2^nd opposite party also produced one document which marked as Ext.B1.

         5.   Points for consideration are:-

1) Whether there is any deficiency in service on the part of the opposite parties?

2)  If so the reliefs and costs?

6. Issues:-

The complainant is owner of the vehicle bearing Reg No. KL 29 K 4340 Yamaha Y2F-R15 EURO 2000. It is an admitted fact that complainant purchased the said vehicle by taking a loan from the 1^st opposite party.  It is also an admitted fact that the vehicle is insured with the 2^nd opposite party.  According to the complainant the said vehicle was stolen by somebody else on 2/1/2016.  The matter was intimated to the Mannar Police Authorities  Alappuzha District and the crime was registered as to Crime No. 5/2016 under section 379 IPC.  Ext.A2 evidenced the same.   The main allegation of the complainant is that on 18/7/2016 a legal notice was issued by 1^st opposite party directing him to pay an amount of Rs. 95,708.59/-.  Complainant produced legal notice which marked as Ext.A3.  The 1^st opposite party filed version stating that as per loan agreement the complainant is bound to pay the loan amount irrespective of any event.  Accoring to the 1^st opposite party the complainant had not paid even single EMI.  The 2^nd opposite party filed version stating that even though they received the theft claim with respect to the motorcycle from the complainant they noticed that the complainant has not produced certain documents and key of the vehicle.  According to the opposite party  they are ready to settlement the claim  if the complainant produced documents required by them.

It is admitted fact that complainant had taken an insurance policy from the 2^nd opposite party.  The vehicle was stolen on 2/1/2016 and on the date of theft the policy was valid and the insurance company should have honored the claim.  The complainant produced key and original of RC Book before the Forum.  As per the policy issued by the 2^nd opposite party the IDV of the vehicle is Rs. 1,15,872/-.  Since the vehicle was lost 2nd opposite party bound to pay IDV amount to the complainant.  Now the 2^nd opposite party reluctant to pay the amount to the complainant since the complainant failed to produce to No Objection Certificate issued by the 1^st opposite party.  1^st opposite party could issue NOC only after closing the loan amount with the complainant.  In view of the above facts and circumstances of the case we are of opinion that 2^nd opposite party is bound to pay the IDV of the vehicle to the complainant.

In the result the complaint is allowed.  2^nd opposite party is directed to pay Rs. 1,15,872/- (Rupees One lakh Fifteen thousand Eight hundred and Seventy two only) the IDV of the vehicle to the complainant within one month from the date of receipt of this order.  The complainant is directed to close the loan amount with the 1^st opposite party and produce the NOC to the 2^nd opposite party within 15 days from the receipt of amount from the 2^nd opposite party.  The 1st opposite party is also directed to return all the blank cheques issued by the complainant and No Objection Certificate, on settlement of the amount  if any legally due, if the complainant pays the amount within 15 days after receipt of Policy amount from the 2^nd opposite party or otherwise.

Dictated to the Confidential Assistant transcribed by him corrected by me an pronounced in open Forum on this the 28^th day of September, 2017.

                                                          Sd/-Smt.Elizabeth George (President)

                                                          Sd/-Sri. Antony Xavier (Member)

                                                          Sd/-Smt. Jasmine. D. (Member)

Appendix:- 

Evidence of the complainant:- 

Ext.A1                  -        Copy of Insurance Policy Certificate  

Ext.A2                  -        Copy of First Information Report

Ext.A3         -        Copy of Loan recall notice

Evidence of the opposite parties:-

Ext.B1                   -        Copy of Insurance poliicy        

// True Copy //                               

                                                           By Order                                                                                                                                      

Senior Superintendent

To

         Complainant/Opposite parties/S.F.

Typed by:- br/- 

Compared by:-