ORIENTAL INSURANCE CO. LTD. Vs. MUSHTAQ KHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 03.07.2013 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 2170 of 2011 Oriental Ins. Co. Ltd. Vs. Mushtaq Khan & Anr. by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that vehicle registered in the name of Smt. Malti Devi was sold by OP No.1/Respondent No. 2 which was insured with OP No. 2/petitioner for a period of one year for a sum of Rs.3,64,500/-. On account of non-payment of instalments by the owner, vehicle was possessed by OP No. 1 and sold to the complainant, but vehicle was not transferred in the name of complainant due to carelessness of OP No. 1. On 4.1.2008, vehicle was damaged in accident. Intimation was given to OP No. 2, who appointed surveyor. Estimate of repair was about Rs.6,62,869/- and in such circumstances, vehicle fell under the category of total loss. Complainant lodged complaint before OP, but payment was not made. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP No. 1 resisted complaint and submitted that transfer of vehicle after sale was responsibility of purchaser and after sale of vehicle; OP had no concern with the complainant and prayed for dismissal of complaint. OP No. 2 & 3 did not appear before District forum and they were proceeded exparte. Learned District Forum after hearing the parties allowed complaint and directed OP No. 2 & 3 to pay Rs.3,64,500/- with 9% p.a. interest and further awarded Rs.1,000/- as litigation expenses. Appeal filed by OP was dismissed 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 finally at admission stage and perused record.