DARAB SINGH Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This revision petition has been filed under section 21 (b) of the Consumer Protection Act, 1986 against the order dated 24.11.2011 passed by the State Consumer Disputes Redressal Commission, Circuit Bench, Jaipur, Rajasthan (in short, 'the State Commission') in appeal no. 573 of 2009, whereby the State Commission had dismissed the appeal confirming the judgment and finding given in the order dated 22.01.2009 passed by the District Consumer Disputes Redressal Forum, Karauli (in short, 'the District Forum') in complaint no. 152 of 2008.

(2.) The petitioner/ complainant has stated that the petitioner purchased a jeep no. RJ 34 P 0135 from the registered owner Shri Harhans Singh son of Hukam Singh a resident of Patel Nagar, District Karuali, Rajasthan through an agreement dated 11.01.2002 for Rs.2,62,100/-. Out of this, Rs.1,00,000/- was paid in cash to Harhans Singh and the rest in 13 installments of Rs.12,470/- (per instalments) totalling to Rs.1,62,110/- were also to be paid by the petitioner. The Mahindra Finance Company had also issued a letter dated 11.01.2002 to the RTO Karoli and the transfer procedure is pending with the District Transport Authority.

(3.) The above jeep was stolen by unsocial elements Kailash son of Shri Hari Kishan Gujar resident of Patoli Tehsil. Toda Bheem on 13.02.2003 at about 11 or 12 along with driver near Bus Stand. The driver however escaped from there clutches and came to him on 15.02.2003. Petitioner has stated it was learnt later that illegally the Mahindra Finance Company even after receiving all payment had taken away the Jeep through Kailash son of Hari Krishan Gujjar on 13.02.2003. In the above matter the ACJM Hindon City had directed to hand over the possession of the aforesaid jeep to the petitioner and on the order of the court the Jeep was handed over to the petitioner on 16.05.2003. Petitioner has stated that when the jeep was handed over, it was in a very bad condition and all the parts of the engine etc., were changed and damaged parts were put in. On the same day the petitioner filed a detailed loss report to the CI Police Station Hindon City.