NEW INDIA ASSURANCE CO LTD Vs. YADAV BUILDERS

JUDGEMENT

(1.) The present Revision Petition, under Section 21(1)(b) of the Consumer Protection Act, 1986 has been filed by the Petitioner against the order dated 07.08.2014 of the State Consumer Disputes Redressal Commission Punjab, Chandigarh in Appeal No. 1993/2010.

(2.) The Complainant /Respondent was the owner of TATA Trailer bearing Registration No. PB-30D-8999 insured with the Opposite Party, vide Policy Number 360501/31/08/01/00000719. According to the Complainant, the vehicle met with an accident on 16.03.2009. The Complainant informed the Opposite Party and filed the claim. The Opposite Party appointed a Surveyor and Loss Assessor for assessing the loss. Though the Surveyor calculated the loss of Rs.6,18,500/- ,the Opposite Party, vide letter dated 02.12.2009 repudiated the claim on the ground that the driver was holding a fake driving licence ,The Complainant, thereupon, field a Complaint before the District Forum with the following prayer: -

(3.) The case was contested by the Opposite Party/Petitioner before the District Forum. The Opposite Party argued that the Complainant carried on commercial activity for profit and as such did not fall within the meaning of 'Consumer' as under the Consumer Protection Act, 1986. District Forum after perusal of the record held as follows:-