MAHESH AGGARWAL Vs. BAGGA LINK SERVICE LTD. AND ORS.

JUDGEMENT

(1.) THE appellant Sh. Mahesh has impugned the orders dated 30.11.2011 passed by the learned District Forum (Central) ISBT Delhi, vide impugned orders the complaint filed by the complainant was dismissed. It was held by the learned District Forum that there was no 'deficiency of service' on the part of all the OPs or anyone of them. Facts in brief of the complaint are that the complainant purchased a Bajaj Three -wheeler (leading)Model GC1000 from M/s. Bagga Link Service Pvt. Link Road, Karol Bagh, New Delhi (hereinafter referred to as OP -1) on 24.12.2007. Cost of the vehicle was 1,32,314 out of which an amount of Rs. 1 Lac was financed by theOP -1 through M/s. Shree Ram Transport Finance Company Ltd. (hereinafter referred to as OP No. 2). The complainant alleged that at the time of purchase, the vehicle was comprehensively insured through OP -3 i.e. M/s. Bajaj Allianz General Insurance Company Ltd. Cover note bearing No. CW0610423774 dated 24.12.2000 was issued to the complainant. Complainant paid a sum of Rs. 4,500 towards premium of the insurance.

(2.) THE vehicle again met with an accident on 25.6.2008. He lodged a complaint with the customer care of OP -3 on the same date. Surveyor of the OP -3 after inspecting the vehicle informed the complainant that his vehicle was not insured with OP -3. Surveyor informed the complainant that neither OP -1 nor OP -2 had deposited the insurance premium with OP -3 and for this reason the claim could not be entertained. Complainant got the vehicle repaired from a private agency and incurred an expenditure of Rs. 9,000.

(3.) COMPLAINANT approached the office of the OPs -1 and 2 and asked the reason of not informing the Insurance Company of the factum of insurance of his vehicle. He also asked the reason of not depositing the premium with the Insurance Company i.e. OP -3. Without giving any reply, OP -2 i.e. the financer issued a fresh cover note for insurance of the vehicle for the period from 15.7.2008 to 14.7.2009. Next grievance of the complainant was that he received a statement of accounts from OP -2 showing the loan amount as Rs. 1,10,000 instead of the amount of Rs. 1 lac. Another bill bearing CNR No. 268992 for an amount of Rs. 1,41,064 was also sent.