Before 

The President District Consumer Forum

Purnea 
Ref – Consumer Case No. ………………./2023
Name of the Complainant –  Mr. Rahman S/o Md Lalo,
Anand Nagar Naya Tola , Purnea East , Bihar 854305 ,  

Name of the Opposite Parties

a. Policy Service Office ,2nd Floor, GAHILO GALAXY, Kalam Bagh.
Aghori Bazar, Muzhafarpur, 842002, Bihar 
b. Grievance Redressal Officer, Magma HDI,General Insurance Co.Ltd
,516-517, 5th Floor, neelkanthCorporate park, Kirol Road, Vidya
Vihar West , Mumbai-400086, Maharastra
c.  Prop. M/s Shivam Automobiles, Gokul Krishna Ashram Road,
Subhash Nagar , Purnea, 854301 
d. Branch Manager Cholamandalam Finance Company Ltd, 1st Floor,
Above IDBI Bank,N.H.31, Purnea  

              Facts of the Complaint-

a. That  the above named complainant had purchased a second

hand Mahindra Bolero Pickup Van bearing R.No BR11GA0247 
from the O.P No. 3 Shivam Automobiles who deals with second
hand vehicles situated at Purnea. At the time of purchasing the
vehicle was insured with Magma HDI general insurance
company, which are O.P No. 1 and 2 bearing policy number
POO234000084103/101819.
b. That this above mentioned policy was in the name of the
previous owner  of the vehicle. 
c. That the complainant is an unemployed young person and for
his livelihood he had taken this said vehicle  .  
d. The said vehicle was stolen on 01/12/22  from the Krishna
Petrol Pump near Gulab Bagh, Purnea. Immediately he informed
the local police station and after investigation police registered
the FIR Sadar P.S  No 924/22 .
e. That  the complainant immediately informed the insurance
company and sent details. A surveyor was appointed and he 
visited Purnea for a survey .
f. That the complainant  followed the instructions of the surveyor
and on the instruction of the surveyor put some signature on
some blank papers . 
g. That  at the time of inspection the surveyor said that it will be
difficult to get a claim because you have not changed the name
of the owner in the policy but I will try.
h. That the complainant  is a driver by profession , he has little
knowledge about finance, insurance etc. First time he tried to
take a  second hand cab on personal capacity but all the Ops
took him into their deception.
i. That all the above Ops never ever intimated to the complainant 
to change the name in policy at the time of purchase or at the
time of finance .
j. That all done by the Ops having common intention to grab the
complainant  for  the sale of  said vehicle.    
k. That OP No. 1  rejected the insurance claim on the grounds that
the said policy was not in the name of the complainant and at
the time of theft the ignition of the vehicle was switched on .
l. That it is a clear cut matter of police investigation but Op. No. 1
and 2 rejected the claim of the complainant without any fault. 
m. That it is the sole responsibility of a dealer or owner of the
showroom to ensure that without the insurance policy a vehicle
can not move outside from the premises of the dealer without
proper insurance. In this matter insurance of vehicle was
existing but not in the name of new purchaser, so it is again duty
of the seller to convey the necessity of this process with the
intimation of the insurer. 
 n. That the insurer and Op.No 1 and 2  are deliberately  delaying to
release the claim of the complainant without any specific
reason . 
o. That it is necessary to have insurance of any vehicle at the time
of ply but doesn't matter who is the purchaser of policy . In this
matter a valid policy of vehicle was existing and that is enough. 
p. That all Ops are trying to neglect the genuine claim of the
complainant on the baseless grounds.   
q. That  in general condition every finance company makes sure
about the policy  at the time of finance of the  vehicle ,  both
processes happen simultaneously.
r. That cause of action arose when Ops orally rejected the
claim of the complainant and did not reply to the legal
notice.
s. That complainant and the local office of Ops come under
the jurisdiction of your honour court.  
          That the complainant begs following relives-

a. Deficiency in service on part of the Ops be pleased

declared.
b.  The Ops  be pleased to  direct to pay the full claim
amount, which is approx 400000/- approx.
c. Ops further be pleased directed to pay Rs. 20000.00
(twenty thousand) towards the suffering of mental &
physical harassment.
d. Cost of the litigation to the tune of Rs. 5000.00 be
pleased to allow in favour of the complainant any other
reliefs to which the complainant  deemed entitled that
may also be allowed in favour of the complainant.
        And for this act of kindness petitioner shall ever
pray.

                           Verification, 
I,Mr. Rahman S/o Md Lalo, Anand Nagar Naya Tola , Purnea
East , Bihar 854305 ,  do hereby solemnly verify that the
contents of my above complaint are true and correct
to my knowledge. No part of it is false and nothing
material has been concealed therein.                                         

Verified this on………… day of

………..20……………at…………..
                               CERTIFICATE
      Certify that the required court fee is being paid
vide IPO no…………………………………