KOTAK MAHINDRA PRIME LTD. THROUGH ITS AREA MANAGER, HAVING ITS BRANCH OFFICE AT 304, SHYAM ANUKAMPA ASHOK MARG, C Vs. RAJARAM, S/O. BHANWAR LAL, R/O. PITHRASAR TEHSIL NOKHA, DISTRICT

JUDGEMENT

(1.) The complainant/respondent no.1 namely Rajaram purchased a vehicle and got the same registered with the respondent National Insurance Company Ltd. The vehicle was financed by Tata Finance Ltd. The vehicle having been stolen on 21.12.2005, the information of the incident was given to Tata Finance and later to the insurer. The insurer however, rejected the claim on the ground that the intimation of the theft was given to it after 2 months. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint impleading the insurer and Tata Finance as the OPs in the complaint. The rights of Tata Finance were later purchased by petitioner Kotak Mahindra Prime Limited.

(2.) The District Forum vide its order dated 201.2014, directed Tata Finance and Kotak Mahindra Prime Limited to pay the insured amount to the complainant along with interest and compensation.

(3.) Being aggrieved from the order passed by the District Forum, two separate appeals, one by Kotak Mahindra Prime Limited and the other by Tata Finance were preferred before the concerned State Commission. Vide impugned order dated 211.2016, the State Commission holding that they were only financers and therefore, could not be held liable, allowed the said appeals. Being still dissatisfied, the petitioner Kotak Mahindra Prime Limited is before this Commission by way of this revision petition.