Rajasthan

StateCommission

A/1500/2015

Dev Auto Tech.Auathorised Dealer Mahindra and Mahindra through Manager - Complainant(s)

Versus

Nangram Sen S/O Ghashi Ram Sen - Opp.Party(s)

Narendar Kumar Pareek

29 Feb 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1500 /2015

 

Dev Autotec (authorised dealer Mahindra Two wheeler ) through Manager, Kalyan Motor Vidyut Nagar Corner Ajmer Road, Jaipur.

Vs.

Nanagram Sain r/o 442, Kamla Nehru Nagar, Khatipura Road, Jaipur.

 

 

Date of Order 29.2.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr,K.K.Bagri- Member

Mr. Kailash Soyal -Member

 

Mr.Narendra Kumar Pareek counsel for the appellant

Mr.Ram Singh Rathore counsel for the respondent

 

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the learned DCF, Jaipur 4^th dated 17.11.2015 .

 

The contention of the appellant is that he has taken the premium for insurance on behalf of Reliance General Insurance which has not been made party before this court. Hence, complaint should have been rejected.

 

Heard the counsel for the parties and perused the impugned judgment .

 

The contention of the respondent-complainant was that he purchased a new motorcycle and Rs. 1359/- has been paid to the appellant to have an insurance for one year. This is not in dispute that the premium was paid to the appellant. Hence, there was no privity of contract between the Reliance General Insurance and the respondent and the insurance company was not a necessary party in the matter.

 

The court below has simply ordered for re-payment of

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the premium amount which has been paid to the appellant and compensation has also been allowed as registration was not made properly and there was anomaly in the registration number of the vehicle which is admitted fact in the matter. Hence, in view of above discussion,there is no merit in this appeal and the appeal is liable to be rejected.

 

 

(Kailash Soyal) (K.K.Bagri) (Nisha Gupta )

Member Member President

 

 

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