SHANKAR ENTERPRISE Vs. BANK OF INDIA

JUDGEMENT

(1.) FIRST Appeal Nos. 182/2010, 183/2010 and 184/2010 are directed against the three separate orders passed by the State Commission on 26.05.2010, whereas the Revision Petition no. 2366/2010 is directed against the order dated 26.05.2010 in an appeal against the order of the District Forum dated 05.06.2009.

(2.) THE complainant had impleaded Bank of India, its officers and the National Insurance company and its CMD as opposite parties in the complaint. The learned counsel for the complainant states that the complainants are not seeking any relief against the Bank and/or its officers in the subject complaints and they are seeking to retain them as parties to the complaint only because the Insurance policy was taken jointly by the complainants and the Bank. He further submits that the complainants reserve their right to proceed separately against the Bank in accordance with law.

(3.) AS far as the complaint against the Insurance Company is concerned, we find from a perusal of the impugned orders that the State Commission has proceeded on the assumption that the decision of this Commission in Harsolia Motors vs. National Insurance Co. Ltd., 2005 1 CPJ 27 was rendered before amendment of Section 2(1)(d) of the Consumer Protection Act w.e.f. 15.03.2003. In fact, the aforesaid decision came to be rendered after the amendment had already been carried out. In view of the aforesaid decision of this Commission, it was not open to the State Commission to take a contrary view and hold that the complaint against the Insurance Company was not maintainable.