G.K. GRANITES Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This first appeal has been filed under Sec. 19 of the Act 1986 in challenge to the Order dtd. 7/1/2019 of the State Commission in complaint no. 06 of 2015 of the State Commission Kerala.

(2.) Heard the learned counsel for the parties. Perused the record including inter alia the impugned Order dtd. 7/1/2019 and the memorandum of appeal.

(3.) It appears that the complainant which is a partnership firm engaged in the business and possessed several vehicles which were insured with the first opposite party and the insurance policies were issued duly. Later on the vehicle met with an accident. At the time of accident it processed valid permit and was driven by a qualified driver having licence and badge. The opposite parties showing deficiency of service did not furnish timely estimate nor settled the claim in time for repairing the vehicle which resulted in the delay of repairs on account of which the complainant suffered heavy losses over and above the payment of interest on the loan availed to purchase the vehicle. Since the loss was mounting day-by-day request to settle the claim was made. As the claim was not settled in timely manner the complaint was filed imputing deficiency in service. There are many factual details and contours which fill the contents of the complaint but they need not be recapitulated here because the point in issue involved which constitutes the pivotal controversy can be condensed only to this 'whether the complainant qualifies himself to be a consumer under the Act or not'. It appears that the complaint has been dismissed by the State Commission by giving the finding that the complainant is not a 'consumer'. Relevant extract from the impugned Order may be quoted hereinbelow: