CENTRAL BANK OF INDIA Vs. JAGBIR SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 18.10.2012 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 40 of 2010 Central Bank of India Vs. Jagbir Singh by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent purchased a tractor HR 14B 3913 after taking loan from OP/petitioner. Complainant used to deposit the loan amount and OP was charging insurance premium amount for insurance of the tractor. As per terms and conditions of the agreement, insurance premium was charged till 25.5.2005, but thereafter, OP did not pay the insurance premium to Insurance Company. On account of accident, claim petition was filed against the complainant before MACT, Delhi involving aforesaid tractor and MACT Court awarded amount against the complainant which requires reimbursement by OP. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that it was the duty of the complainant to get the vehicle insured and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and ordered that OP is liable for legal consequences in the absence of insurance of the vehicle. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioner at admission stage on application for condonation of delay and perused record.