NATIONAL INSURANCE CO LTD Vs. SANJIDA KHATOON

JUDGEMENT

(1.) This appeal is directed against the order dated 31.8.2001 passed by Calcutta District Forum, Unit-I in Case No.223/01. By this order the learned Forum allowed a sum of Rs.1,08,290/- in favour of the O. P.-2 and directed the O. P-1 to pay the sum within 7 days from the date on which the order would be communicated to him. After passing this order, the Forum passed another order directing the complainant to seek remedy before the appropriate Civil Court if he so chose.

(2.) The relevant facts of the case were that the complainant of this case executed an agreement under Higher Purchase Scheme with the O. P.-2 for purchase of a diesel Ambassador Taxi, NOVA model, at a total price Rs.2,86,500/- from Austin Distributors, Calcutta. After execution of that agreement, the complainant paid a sum of Rs.20,000/- and also Rs.35,000/- in two instalments in favour of the financier and on 2.12.1997 he purchased the said Ambassader taxi accordingly. On the basis of the agreement O. P.-2 i. e. , the financier paid a sum of Rs.2,90,285/- to the Austin Distributors in the name of the complainant. Thereafter, on 18.7.1998 the said taxi was allegedly stolen from the custody of the complainant and a general diary was lodged with the Tiljola Police and a theft case was initiated under Sec.379, I. P. C. and ultimately a final report was submitted in that case by the police. The complainant, therefore, has filed the said complaint claiming Rs.1,08,290/- as the amount settled by the Insurance Company.

(3.) It is to be mentioned here that the financier also has filed a complaint before the said Forum being Complaint No.619/2000 against the Insurance Company claiming the same amount on the plea that he was entitled to get the same. After hearing both sides the Forum passed an order directing that the matter involving the question of title should be decided by a Civil Court and he gave literty to the complainant to seek remedy in the appropriate Civil Court if he so chose.