State Consumer Disputes Redressal Commission
M/S Ashok Leyland Finance Now Indusind ... vs Amarjit Kaur Widow Of Gurnam Singh. on 6 December, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No. 1417 of 2010
Date of institution : 11.08.2010
Date of decision : 06.12.2012
M/s Ashok Leyland Finance now IndusInd Bank Ltd. Surya
Kiran Complex, Phase-I, First Floor, 92, The Mal, Ludhiana,
through its authorized representative Parminder Singh,
Manager, Legal, S.C.F. 23-24, Phase 3B2, S.A.S. Nagar,
Mohali (Pb.)
.....Appellant/O.P No. 4.
Versus
1. Amarjit Kaur widow of Gurnam Singh.
2. Surjit Kaur W/o Sukhdev Singh mother of Gurnam
Singh.
3. Rupinder Kaur (minor daughter)
4. Navneet Kaur (minor daughter)
5. Navjot Singh (minor son)
Of Gurnam Singh, complainants No. 3 to 5 through
their mother and next friend and natural guardian Smt.
Amarjit Kaur widow of Gurnam Singh (who has no
adverse interest to that of the minors
All residents of Dosanjh Road, Inder Singh Gill Nagar,
Moga.
Respondents/complainants
6. The New India Assurance Company Limited, Regd.
And Head Office, New India Assurance Building 87,
Mahatma Gandhi Road, Fort, Mumbai 400001 through
its Managing Director.
7. The New India Assurance Company Limited, Regional
Office, Sector 17, Chandigarh through its Regional
Manager.
8. The New India Assurance Company Ltd., Branch
Office Bharat Nagar Chowk, Ludhiana through its
Branch Manager
Respondents
First Appeal against the order dated
06.07.2010 passed by the District
Consumer Disputes Redressal
Forum, Ludhiana.
First Appeal No.1417 of 2010 2
Before:-
Sardar. Jagroop Singh Mahal,
Presiding Judicial Member.
Sh. Vinod Kumar Gupta, Member Argued by:-
For the appellant : Sh. A.S. Virk, Advocate For the respondent : Sh. S.L. Bhalla, Advocate JAGROOP SINGH MAHAL, PRESIDING JUDICIAL MEMBER:-
This appeal has been filed by M/s Ashok Leyland Finance O.P. No. 4 under section 15 of the Consumer Protection Act against the order dated 06.07.2010 passed by the learned District Consumer Disputes Redressal Forum, Ludhiana (hereinafter referred to as the District Forum) vide which the complainants were directed to submit the certified copies of the documents required by the insurance company. O.Ps No. 1 to 3 who were directed to settle the claim of the complainant within two months from the date of receipt of the certified copies.
2. Brief facts of the case are that Gurnam Singh husband of Amarjit Kaur complainant, son of Surjit Kaur complainant and father of complainants No. 3 to 5 owned a goods vehicle which was insured with the insurance company O.Ps No. 1 to
3. On 03.02.2005, some unknown persons killed Gurnam Singh, snatched his vehicle and fled away. A criminal case First Appeal No.1417 of 2010 3 was registered and the O.Ps No. 1 to 3 were informed. They however repudiated the claim upon which the present complaint was filed by the complainants.
4. The case of the insurance company/O.Ps No. 1 to 3 was that the fitness certificate of the vehicle had expired before the theft and the vehicle was being driven in violation of the policy condition. It was alleged that the complainants did not furnish untraceable certificate or final report from the police. They therefore closed the case as "no claim".
5. O.P No 4/appellant filed a separate written statement alleging that Gurnam Singh had obtained a loan of Rs. 8 lac from them with which the vehicle was purchased and now a sum of Rs. 13,94,161.59P was due from him. He claims to have filed an application under section 9 of the Arbitration and Conciliation Act which was pending in the court of Additional District Judge, Ludhiana. According to them, the vehicle was hypothecated with them and they are therefore entitled to the claim amount.
6. After the parties were given opportunity and led evidence, the learned District Forum decided the complaint vide impugned order dated 06.07.2010 directing the complainants to submit the documents required by the insurance company and the insurance company was directed First Appeal No.1417 of 2010 4 to settle the claim of the complainants within two months from the date of receipt of copies of the documents from the complainants. O.P. No. 4 has challenged the same through this appeal.
7. We have heard the arguments of the learned counsel for the parties and have perused the record.
8. Learned counsel for the appellant could not point out as to what direction in the impugned order he is challenging through this appeal. One of the directions was given to the complainants to submit the documents and the other was to the insurance company to settle the claim. Neither of the directions was issued to the appellant nor is there anything in the order which goes against the interest of the appellant but even then the present complaint has been filed. On the face of it, it is therefore a frivolous appeal which has been filed just for the sake of dragging the respondents into this unnecessary litigation.
9. The appellant had requested by filing the written reply that the claim amount should be paid to them and the appeal has been filed on the ground that no order has been passed as to whom the amount of compensation is to be paid. However when we go through the record, we find that the amount which is payable to O.P. No. 4 is yet to be First Appeal No.1417 of 2010 5 determined. In its absence, the learned District Forum could not pass any such order that the amount of compensation should be paid to the appellant. Moreover, the learned District Forum has only referred to the claim submitted by the complainants which is to be settled by O.Ps No. 1 to 3. Admittedly no claim has been filed by the appellant and therefore the question of passing any such order in its favour could not be done.
10. In view of the above discussion, we are of the opinion that there is no merit in this appeal and the same is accordingly dismissed with costs.
11. Litigation cost of Rs. 20,000/- shall be paid by the appellants to the complainants.
Copies of this order be sent to the parties free of cost.
(JAGROOP SINGH MAHAL)
PRESIDING JUDICIAL MEMBER
December 06 , 2012. (VINOD KUMAR GUPTA)
Rupinder MEMBER
First Appeal No.1417 of 2010 6