KOTAK MAHINDRA BANK Vs. C H ABDULLAH KUNHI

JUDGEMENT

(1.) By way of the present revision petition, there is challenge to order dated 1st November. 2010 passed by State Consumer Disputes Redressal Commission, Kerala (in short. 'SCDRC'). The brief facts of this case are that respondent No. 1-complainant, purchased a confiscated vehicle bearing Registration No. KA 19-B 8978 for Rs. 6,75,000 from the Branch Office of petitioner at Mangalore. Petitioner delivered all the original documents pertaining to the vehicle to the complainant. Consideration for the vehicle was fixed after perusal and inspection of the documents as well as the vehicle. But on verification it was found that insurance policy issued by 2nd opposite party was inactive one as no premium was paid at all. Thus, there is no insurance coverage for the said vehicle on the date of purchase. So, complainant had to buy a fresh policy for the said vehicle on paying Rs. 25,844 from 2nd opposite party on 1.6.2009. According to the complainant, he fixed the price and purchased the vehicle solely on the basis of documents given to him by petitioner. In fact, had there been no insurance coverage for the Said vehicle, complainant would not have come forward to buy the vehicle in question. Hence, complainant sustained a loss of Rs. 25,844 in view of the fake assurance offered by the petitioner. Accordingly, complainant filed a complaint before District Forum, Kasargode.

(2.) Before District Forum petitioner remained absent in spite of receipt of notice sent by registered post.

(3.) District Forum allowed the complaint and directed the petitioner to pay a sum of Rs. 25,844 with cost of Rs. 2,000.