LAWS(NCD)-2016-9-56

MANJEET SINGH BAGGA S/O LATE SUNDER SINGH BAGGA, R/O SUNDAY MARKET, RAIGARH, TEHSIL DISTRICT : RAIGARH C.G Vs. MAGMA SHRACHI FINANCE LTD. & 2 ORS. KRISHNA CROWN, FIRST FLOOR, INFRONT OF GANGA, NURSING HOME, JAGATPUR, RAIGARH, TEHSIL & DISTRICT : RAIGARH C.G

Decided On September 08, 2016
Manjeet Singh Bagga S/O Late Sunder Singh Bagga, R/O Sunday Market, Raigarh, Tehsil District : Raigarh C.G Appellant
V/S
Magma Shrachi Finance Ltd. AndAmp; 2 Ors. Krishna Crown, First Floor, Infront Of Ganga, Nursing Home, Jagatpur, Raigarh, Tehsil AndAmp; District : Raigarh C.G Respondents

JUDGEMENT

(1.) By this Revision Petition, the Complainant calls in question the correctness of the order dated 29.06.2013, passed by the Chhattisgarh State Consumer Disputes Redressal Commission at Pandri, Raipur (for short the State Commission ) in First Appeal No. FA/12/450. By the impugned order, the State Commission has affirmed the order dated 01.08.2012, passed by the District Consumer Disputes Redressal Forum at Raigarh (for short the District Forum ) in Complaint Case No. 30 of 2009. By the said order, the District Forum had dismissed the Complaint preferred by the Complainant mainly against the Oriental Insurance Company Ltd. (for short the Insurance Company ), wherein it was alleged that the claim, preferred by him for the loss suffered on account of the accident of the insured vehicle on 07.12.2008, had been wrongly repudiated by the Insurance Company. Both the Forums below have come to the conclusion that since the Complaint involves complicated question of fact, it would be proper to grant an opportunity to the Complainant to approach the Civil Court for redressal of his grievance.

(2.) Despite service, no one has put in appearance on behalf of the Insurance Company as also the Dealer, Respondents No. 2 and 3 respectively in this Revision Petition. Accordingly, we have heard learned Counsel for the Complainant and Respondent No.1, namely, the Finance Company.

(3.) Having heard learned Counsel and perused the documents, placed on record, we are of the opinion that the impugned order is unsustainable.