PINKY SAHU Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 6.12.2001 in Complaint No.409/01 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short) whereby the complaint of the complainant/appellant has been dismissed.

(2.) Relevant facts not in dispute stated in brief are: that the complainant had admittedly obtained finance of Rs.1.00 lac from respondent No.3 for purchase of a car. Respondent No.2 is the principal of respondent No.3. The said vehicle was insured with respondent No.1, for the period from 15.2.2001 to 14.7.2001.

(3.) The averment in the complaint was that complainant/appellant had repaid the whole amount of finance obtained by her from respondent Nos.2 and 3 and thereafter she demanded 'no Objection Certificate' (NOC) from respondent No.3. However, respondent No.3 informed her that NOC would be issued by respondent No.2, but despite efforts, neither respondent No.2 nor respondent No.3 issued the NOC to the complainant/appellant. It further appears from the complaint that on 29.1.2001 the said car was stolen from Bhilai. A report was lodged with the police of the said incident. Police submitted its report on 31.3.2001. The complainant/appellant thereafter laid claim for reimbursement of the price of the car under the insurance policy obtained by her from respondent No.1 insurer. The insurer-respondent No.1 has however did not honour its obligation under the insurance agreement and has not paid any amount to the complainant.