NCDRC

NCDRC

RP/2976/2011

S.K. BHALLA - Complainant(s)

Versus

NEW INDIA ASSURANCE COMPANY LTD. & ORS. - Opp.Party(s)

MR. VIPUL RAHEJA

15 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2976 OF 2011
 
(Against the Order dated 28/04/2011 in Appeal No. 539/2009 of the State Commission Haryana)
1. S.K. BHALLA
S/o shri Ram Bhalla, R/o 268,Sector -19,Part-I, Urban Estate
Kaithal
Haryana
...........Petitioner(s)
Versus 
1. NEW INDIA ASSURANCE COMPANY LTD. & ORS.
New India Assurence Comapny Ltd. SCO No-36-37, Sector- 17-A,
Chandigarh
Chandigarh
2. Divisional Manager,New India Assurence Company Ltd
Gagan Building, Opposite Bus Stand
karnal
Haryana
3. Branch Manager, New India Assurence Comapny Ltd,
Grand House, G.T Road
Karnal
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :MR. VIPUL RAHEJA
For the Respondent :NEMO

Dated : 15 Nov 2011
ORDER

Challenge in these proceeding is to the order dated 28.04.2011 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, he State Commission in First Appeal no. 539 of 2009. The appeal before the State Commission was filed by the complainant against the dismissal of his complaint by the District Forum seeking insurance claim in respect of a Maruti Car. In appeal, the State Commission has upheld the said findings although on different/additional grounds, the grounds being that the Consumer Fora had no territorial jurisdiction to entertain the complaint as the vehicle was transferred in the name of the petitioner/complainant and the insured vehicle was stolen from Naraina, South West District, New Delhi. We have heard the learned counsel for the petitioner and have considered his submissions. We are of the view that the orders passed by the Fora below in dismissing the complaint are eminently justified inasmuch as admittedly after the transfer of the vehicle in his favour, the complainant had not intimated the Insurance Company about the transfer of the vehicle to him and in any case did not seek transfer of insurable interest in the said insurance policy in his favour. The law on the subject is well settled and the orders passed by the Fora below are strictly in consonance with the legal position. In view of this, the order doesn suffer from any illegality, material irregularity or jurisdictional error which calls for interference by this Commission. Dismissed.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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