NCDRC

NCDRC

FA/476/2004

SHIV TEXTURISES - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

SHANTHA DEVI RAMAN

09 Feb 2010

ORDER

Date of Filing: 16 Dec 2004

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIAPPEAL NO. No. FA/476/2004
(Against the Order dated 01/04/2004 in Complaint No. 86/2003 of the State Commission Gujarat)
1. SHIV TEXTURISESSUSHILBHAI NANGALIA , 205 RIVER VIEW APPARTMENT , ATWWA LANES , PARLE POINT SURAT - 395 007 - ...........Appellant(s)

Vs.
1. NEW INDIA ASSURANCE CO. LTD.THAKOREBHAI MITHAIWALA MARKET , SAJARA DARWAJA RING ROAD SURAT - ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :SHANTHA DEVI RAMAN
For the Respondent :: Mrs. Pankaj Bala Verma, Advocate for NA, Advocate

Dated : 09 Feb 2010
ORDER

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          Since this case is pending for the last 6 years after admission, we overrule the objection taken by the respondent that the appeal was liable to be dismissed on the ground of limitation.  Delay was of 2020 days.  Delay condoned.

          State Commission has dismissed the complaint holding that the petitioner, being a commercial organization, was not covered under the Consumer Protection Act, viz.a.viz. the insurance company.  This Commission in M/s.Harsolia Motors vs. National Insurance Co. Ltd. (F.A.159/2004 and two other connected Revision Petitions decided on 3.12.2004) has held that persons similarly placed to the petitioner would be entitled to maintain their complaint under Section 2(1)(d) of the Consumer Protection Act in so far as the insurance companies are concerned.

          The appeal in terms of the order passed in Harsolia Motors case (supra) and the case is remitted back to the State Commission to decide it on merits.

          Parties, through their counsel, are directed to appear before the State Commission on 23.3.2010.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER