BMW INDIA PRIVATE LIMITED Vs. MUKUL AGGARWAL

JUDGEMENT

(1.) This order shall dispose of the two appeals No.96/2015 and 81/2015.

(2.) The brief facts of the case are that Mr. Mukul Aggarwal and Dassault Systems India Pvt. Ltd. had filed complaint before the State Commission (hereinafter Mr. Mukul Aggarwal be addressed as "Complainant No.1 and Dassault Systems India Pvt. Ltd. as "Complainant No.2) against Ms. Bajaj Allianz General Insurance Company Ltd. (hereinafter shall be referred as 'Opposite Party No.1'?), an insurance company and M/s BMW India Pvt. Ltd. (hereinafter referred as 'Opposite Party No.2'?), manufacturer and seller of cars and M/s Bird Automotive Pvt. Ltd. (hereinafter referred as "Opposite Party No.3), car dealer having dealership of BMW series as well. Opposite Party No.1 and opposite party No.2 have filed separate appeals against the impugned orders. Since the same order has been impugned by both the opposite parties, both the appeals be disposed of vide this common order.

(3.) The brief facts of the case are that complainant No.1 wanted to purchase a BMW car for his personal use and applied to complainant No.2 for loan under its car lease scheme. Complainant No.1 was employed as a Director Finance and Administration with it. Complainant No.2 sanctioned the loan of Rs.26,92,229/- in May, 2012. On 17.5.2012 complainant No.1 purchased a BMW 3 Series Model Subtype-320D, Car Mfg 2012 for an amount of Rs.23,46,278/-. He also paid a sum of Rs.3,45,991/- to opposite party No.3 towards insurance charges, BMW Secure, registration road tax, logistic and other taxes. The EMIs towards the said loan were regularly being deducted from his salary by complainant No.2 and was being paid to Sundram Finance. Complainant No.1 also paid an amount of Rs.83,989/- plus taxes to opposite party No.3 and his car was insured with opposite party No.1. Two insurance policies one Bajaj Allianz General Insurance for private car and other BMW Secure policy for a sum assured of Rs.29,46,278/- for additional protection in case of total loss within one year of purchase of the vehicle under which the car would be replaced with new one of the same type, inclusive of cost of registration, taxes etc., were issued to him by opposite party No.1.