DIDAR SINGH Vs. RELIANCE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30.09.2013 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 1260 of 2010 Reliance General Ins. Co. Ltd. Vs. Didar Singh & Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that Complainant No. 1/Petitioner No. 1 was owner of truck/trolla No. PB 10-AT-4479, who purchased it after taking loan from the Bank. Complainant No. 1 sold trolla to Complainant No. 2/Petitioner No. 2. The registration of vehicle could not be transferred in his name due to outstanding loan. Vehicle was got insured from OP/respondent for a period of one year from 6.9.2007 to 5.9.2008. Vehicle was stolen in the intervening night of 7/8.7.2008 and FIR was lodged on 8.7.2008, but vehicle was not traced. Claim submitted to the OP was repudiated on the ground that Major Singh had no insurable interest on the date of theft. Alleging deficiency on part of OP, complainants filed complaint before District Forum. OP/respondent resisted complaint and submitted that as there was no privity of contract between Major Singh and OP and original owner Didar Singh had transferred the vehicle to Major Singh without any intimation to the OP, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs. 4,50,000/- with interest to Major Singh. Appeal filed by OP was allowed 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 and perused record.