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2024 Supreme(Cal) 253

RAI CHATTOPADHYAY
Cholamandalam Investment and Finance Company – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Soni Ojha.
For the Respondents: Soumalya Ganguli, Ishita Ghos.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The writ petitioner no. 1 is the financer company of the respondent no. 3/purchaser, who has purchased a vehicle bearing registration no. WB57A 8564, upon entering into a hire-purchase agreement with the respondent no. 1/Insurance Company. According to the contracted terms and conditions and as per the mandatory requirement of the said agreement, the vehicle was insured with the respondent no. 1/Insurance Company.

2. The writ petitioners are aggrieved that its claim due to theft of the vehicle as above, has not been reimbursed by the respondent no. 1/insurance company. Hence, this writ petition.

3. Ms. Soni Ojha, is representing the writ petitioners. She has indicated regarding certain relevant facts necessary to be dealt with in this case. She says that the respondent no. 3/purchaser had moved before the Consumer Forum (“District Consumer Disputes Redressal Forum, Berhampur, Murshidabad”) to recover the insurance claim. It is stated that the vehicle as above was informed to have been stolen on 19th March, 2015. At the relevant point of time the same was hypothecated to the present writ petitioners, they being the financer for purchase of the vehicle

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