KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 318/2010

JUDGMENT DATED:09-06-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

The Branch Manager,

M/s Oriental Insurance Company Ltd.,

M.G.Road, Kasaragode.  Repd. by its-             : APPELLANT

Divisional manager, Divisional office-1,

Thakaraparambu, TVPM.

(By Adv:Sri.Varkala.B.Ravikumar)

          Vs.

1.      C.H.Abdulla Kunhi, S/o Abubacker Haji,

Chappady House, Edaneer.P.O,

Kasaragode.

(By Adv:Smt.Selvi.M)

                                                                   : RESPONDENTS

2.      The Manager,

Kotak Mahindra Bank Ltd.,

Shree Complex, Bhavani Hsg –

Co-operative Society, T Block,

Banasankari 4^th stage,

Bangalore-560 085.

(By Adv:Sri.Narayan.R)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the 2^nd opposite party/insurance company in CC.22/10 in the file of CDRF, Kozhikkode.  The appellants are under orders to pay a sum of Rs.10,000/- to the complainant.  The Forum has also directed the opposite party/financier to pay a sum of Rs.25,844 to the complainant.

2.      The matter is with respect to the vehicle purchased by the complainant in auction from the financier.  It is his case that the financier mis represented that the vehicle is having a live policy which was found to be false and he had to avail fresh policy and hence the complaint for the loss sustained in this regard.

3.      It was specifically pointed out by the counsel for the appellant that the appellant has been made only formal party in the complaint and that the relief’s sought for was only against the 1^st opposite party/financier.  Paragraph 7 of the complaint specifically mentions that opposite party No.2 /appellant herein has been impleaded as formal party and no specific relief is claimed from the 2^nd opposite party.  In the circumstances we find that the order of the Forum directing the appellant to pay Rs.10,000/- cannot be sustained.  Hence the above direction is set aside.  The appeal is allowed as above. 

Office will forward the LCR along with a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.