NEW INDIA ASSURANCE CO. LTD. Vs. AKBAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30.05.2008 passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (in short, 'the State Commission') in Appeal No. 35 of 2008 The New India Assurance Co. Ltd. Vs. Akbar by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent purchased Motorcycle KL9 P2518 from M. Ali on 16.1.2006 and got registration certificate transferred in his name. He intimated to OP/petitioner with a request to change name in the insurance policy issued by OP for a period of one year from 18.6.2005 to 17.6.2006. Motor Cycle was stolen during the intervening night of 5-6/2/2006. FIR was lodged and claim was also lodged with the OP. As claim was not settled, alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP contested and submitted that there was no privity of contact between the complainant and OP, as complainant was not insured and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to make payment for loss of the vehicle along with Rs.500/- as cost of the proceedings. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for the respondent even after service.