NCDRC

NCDRC

RP/1413/2017

KULVINDER SINGH BAGGA - Complainant(s)

Versus

NATIONAL INSURANCE COMPANY LTD. & ANR. - Opp.Party(s)

MR. R.K. SONKIYA & JATIN TEOTIA

12 Jun 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1413 OF 2017
(Against the Order dated 02/03/2017 in Appeal No. 726/2008 of the State Commission Delhi)
1. KULVINDER SINGH BAGGA
S/O. LT. SH. MAHENDER SINGH BAGGA, R/O. H.NO. 504, GROUND FLOOR, SECTOR 21-D, HOUSING BOARD COLONY, NIT
FARIDABAD
HARYANA
...........Petitioner(s)
Versus 
1. NATIONAL INSURANCE COMPANY LTD. & ANR.
XL-7/90, PADAM SINGH ROAD, KAROL BAGH
NEW DELHI-110005
2. M/S. LIBRA FINANCE LTD.
B-2 BHARGAVA LANE, BOULEBARD LANE,
NEW DELHI-110054
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

FOR THE PETITIONER :
MR. R.K. SOKNKIYA, ADVOCATE
FOR THE RESPONDENT :
FOR THE RESPONDENT NO. 1 : NEMO
FOR THE RESPONDENT NO. 2 : NEMO

Dated : 12 June 2023
ORDER

1.       Repeatedly called out. None appears for the respondents.

2.       Heard counsel for the petitioner.

3.       Above appeal has been filed against the Order of State Consumer Disputes Redressal Commission, Delhi dated 24.02.2016 by which the appeal filed by the insurance company has been partly allowed and the Order of District Commission dated 04.02.2008 has been modified and the petitioner has been directed to get registration certificate of the bus transferred in the name of insurance company so that if the bus is found at later stage the insurance company may dispose of the same.  

4.       Counsel for the petitioner states that the direction for getting the registration certificate of the bus transferred in the name of the insurance company cannot be complied with at this stage in as much as the vehicle has been stolen and without physical presence of the vehicle before the road transport authority the registration certificate could not be transferred. The appellant moved an application before the State Commission for modification of the order but the application was rejected by the Order dated 02.03.2017 on the ground that the State Commission has no jurisdiction to review its order. The arguments raised by the counsel for the petitioner is accepted.  The order of State Commission dated 24.02.2016 passed in FA No. 726 of 2008 is modified and the petitioner is directed to deposit the original registration certificate of the vehicle with the insurance company within a period of two weeks.  On deposit of original registration certificate the insurance company shall make payment in compliance of the Order of District Forum dated 04.02.2008 within one month thereafter.  It shall be open to the insurance company to satisfy the loan of the petitioner as taken from M/s Libra Finance Ltd. first and pay the balance amount to the petitioner.  The revision petition stands disposed of accordingly.  

  

 
..................................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER
 
 
..................................................J
KARUNA NAND BAJPAYEE
MEMBER

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