INDERJIT SINGH Vs. O.I. CO. LTD.

JUDGEMENT

(1.) The writ petitioner, complainant before the Divisional Forum, filed a complaint under the Consumer Protection Act against respondent-Oriental Insurance Company Limited with a plea that he is entitled to the amount of Rs.50,000/- as damages along with interest on account of the accident which has taken place on 19.12.2013 resulting into damage to the vehicle during the accident. The complaint was contested by the respondent- Insurance Company. The complaint was allowed by the forum whereby the petitioner herein was held entitled to payment of Rs.50006/- along with interest @ 6% per annum from the date as mentioned in the order dated 31.05.2006. The appeal was preferred by the Insurance Company against the aforesaid order before the State Commission. The Commission vide its order dated 12.03.2008 accepted the appeal of the Company and set aside the order of the Divisional Forum on the ground that the driver of the vehicle belonging to the writ petitioner (owner) was not having a valid driving license on the date the accident took place. The present petition has been filed against the order of State Commission on the ground that the appeal was decided by the Commission when the same was yet to be registered and numbered. Secondly, on the ground that the driver was holding a valid driving license at the time of the accident. It is also pleaded that once the driver holds valid driving license, the license continues to be effective till it is proved that he was disabled to hold the same.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Mrs. Surinder Kour, learned senior counsel has argued that the appeal was decided by the State Commission without registering the same, without issuing the notice to the petitioner and granting opportunity to the petitioner to present his case after the application filed for condonation of delay was decided in favour of the petitioner. Otherwise too, the Commission has not decided the appeal as per the facts and the law applicable in the case.