Heard the Learned Counsel for both parties.

         The case of the Complainant is that the Complainant purchased a TATA truck bearing Regd. No. OR-04-F-6949 which was insured with the O.Ps vide policy No. 2009-V0257803-F.C.V and the policy period was valid from 31-03-2009 to 30-03-2010.

          During subsistence of the policy, the vehicle met with an accident on 27-10-2009 in the district of Sundargarh . F.I.R was lodged in the local police station on the same day and O.P No.1 was also intimated about the accident on the same day.

            After receipt of information, Opposite Party no.1 deputed a surveyor who visited the vehicle on the spot and advised the Complainant to bring the vehicle to Chandikhole for repair. The complainant furnished an estimate to the tune of Rs. 1, 54,000/- for repair of the vehicle. Subsequently O.P No.1 without settling the claims, repudiated the same on 10-11-2009, on the ground that  the petitioner has obtained the policy with 25% NCB giving misrepresentation of material fact only because prior to obtain the second policy , the previous policy which was with ICICI, Lombard general Insurance companyLtd was not valid sine the same was cancelled due to dishonor of premium cheque.Challenging the said action of insurance company the Complainant filed the complaint petition before forum below .

          On receipt of the notice the Opp. Parties filed written version denying the allegations made against them.

         The Opp. Parties has stated in their written versionthat the Complainant approaches O.Ps for registration of his (TATA) Truck) bearing no. OR-04-F-6949. As per requirement, the complainant submitted proposal form for issuance of the policy. The Complainant enclosed a copy of the previouspolicy issued by ICICI Lombard Insurance Company Ltd, effective from 07-03-2008 to 06-03-2009 to the said proposalform in support ofhis declaration in the said form regarding previous policy details. As per the IRDA Guidelines, the complainant gave declaration for no claim bonus at column No. 12 of the proposal Form wherein,it was specificallydeclared that no claim has arisen during the expiringof previous policy period. While declaring assuch, the complainant specifically gave the details of the previous  policyasvalid from 07-03-2008 to 06-03-2009 and claimed no claim bonus of 25% on the basis of such particulars. He also verified that if such declaration is found to be incorrect, all benefits under the policy will stand forfeited.

        On the basis of such proposal form and the declaration regarding no claim bonus stated therein, the rate of premium was calculated and the complainant was allowed 25 % discount towards NCB on the annual premium dues. Accordingly the complainant paid less premium of Rs. 5475.15P and the Opp. Party issued a policy of Insurance for the period from 31-03-2009 to 30-03-2010 on accepting the said less Premium. As per IRDA guidelines, when a policy is renewed and the gap between the previous policy and the renewalpolicy is less than 90 days, the policy holder is entitled to the usual “no claim bonus”.Complainant has obtained the present policy with 25% NCB giving misrepresentation of material facts. On the said ground the O.Ps filed an application to implead the previous insurance company as necessary party on 06-07-2010

        After hearing of the Parties Learned Forum below directed the O.P to pay Rs. 1,14,181.50p to the Complainant within a span of 30 days from the date of the order along with a compensation of Rs. 5,000/- and cost of Rs. 500/-.

     Challenging the said impugned order the appellant has preferred this appeal.

      During course of hearing learned counsel for appellant submitted thatLearnedCommission below  without hearing  the misc case which was filed by the appellant to make the previous insurance company  a party for proper adjudication of dispute has passed the final order allowing the complaint petition. We perused the records of District Forum /Commission and found that the Learned District Forum/ commission without disposing the misc case filed by O.Ps / appellant to implead the previous insurance company as a party the final order has been passed, which  is illegal and liable to be set aside . Accordingly the impugned order is set aside and on the prayer of counsel of both the  parties we remand the matter to Learned District Commission, Cuttack for fresh hearing giving liberty to both parties .On the request of counsel for both the parties we fix the date to 28-06-2022 for appearance of both the parties before Learned District Commission, Cuttack.

      We make it clear that learned District Commission shall dispose of the application dt 06-07-2010 filed by appellant / O.Ps to implead the previous Insurance company as a party after hearing both the parties and there after the complaint petition shall be disposed of on merit.

       Accordingly this appeal is disposed of.

       DFR be sent back to concern District Commission.