NEW INDIA ASSURANCE CO. LTD Vs. ASHOK THAKUR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 26.5.2008 passed by State Consumer Disputes Redressal Commission, UT, Chandigarh (in short, 'the State Commission') in Appeal No. 759 of 2008 New India Assurance Co. Ltd. Vs. Ashok Thakur by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent purchased vehicle CH-03C-9762 from Shri Avtar Singh and got registration certificate transferred in his name on 13.6.2006. Vehicle was insured by OP/petitioner for a period from 6.9.2005 to 5.9.2006. Complainant approached OP on 18.6.2006 for transfer of insurance policy in his name along with all documents, but the same was not done and Sr. Branch Manager of OP told him that vehicle should be brought along with documents. On 25.6.2006, vehicle met with an accident and vehicle was damaged. Complainant submitted claim which was repudiated by OP. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as no policy was issued in favour of the complainant and as there was no privity of contract between the complainant and OP, OP was not liable to pay any compensation as per India Motor Tariff Rules and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.59,900/- + Rs.2145/- as survey fee along with interest @ 9% p.a. and further awarded cost of Rs.2,500/-. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision has been filed.

(3.) Heard learned Counsel for the parties and perused record.