NEW INDIA ASSURANCE COMPANY LTD Vs. KAMLESH KANWAR

JUDGEMENT

(1.) This revision is directed against the order dated 21.11.2002 of H.P. State Consumer Disputes Redressal Commission, Shimla dismissing revision against the order dated 27.11.2001 of a District Forum.

(2.) Facts giving rise to this revision lie in a narrow compass. Respondent/complainant owned vehicle No. HP-11-1181 which was insured with petitioner/opposite party- Insurance company. During the currency of policy, vehicle met with an accident on 19.6.1998.

(3.) On claim not being settled, respondent filed complaint which was contested by the petitioner. Vide order dated 12.6.2001, the District Forum allowed complaint with direction to the petitioner to pay Rs. 2,93,500/- with interest subject to return of salvage and transfer of RC of the vehicle by the respondent. This order having not being challenged by either of the parties attained finality. In execution proceedings the District Forum passed order dated 27.11.2001 which notices that respondent is to collect salvage from Preet Automobiles SCF, 435, Motor Market Complex, Manimajra. This order further notices that RC was handed over to the petitioner through Counsel for transfer in its name. Affidavit in connection with transfer was also supplied by the respondent to the petitioner through Counsel as may be seen from the letter order dated 11.12.2001. Petitioner alleged that vehicle in question was hypothecated with UCO bank and certain amount was due to it from the respondent and till 'No Objection Certificate' was issued by bank, the RC could not be transferred in favour of petitioner. Petitioner further alleged that in terms of aforesaid order dated 12.6.2001, salvage was to be returned by the respondent and petitioner was not supposed to collect it from said Preet Automobiles . Therefore, on both these counts the petitioner challenged the order dated 27.11.2001 by filing revision petition before the State Commission.