Haryana

StateCommission

A/961/2015

DHARAMBIR - Complainant(s)

Versus

OIC - Opp.Party(s)

BHARAT BHUSHAN SHARMA

10 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                        

First Appeal No  :    961 of 2015

Date of Institution:    02.11.2015

Date of Decision :    10.03.2016

 

 

Dharambir s/o Sh. Girraj Singh, Resident of Sohna Road, Palwal, District Palwal, Haryana.

                                      Appellant/Complainant

 

Versus

 

 

The Oriental Insurance Company Limited, Divisional Office, Kalra Niwas, 2^nd Floor, G.T. Road, Palwal, District Palwal, through its Divisional Officer/Principal Officer.

                                      Respondent/Opposite Party

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

Present:              Shri Bharat Bhushan Sharma, Advocate for appellant.

                             Shri S.S. Sidhu, Advocate for respondent.

 

 

                                                   O R D E R

 

 

 

 

 

 

 

 

 

NAWAB SINGH J.(ORAL)

 

This complainant’s appeal is directed against the order dated March 26^th, 2015 passed by District Consumer Disputes Redressal Forum, Palwal (for short ‘the District Forum’) whereby complaint under Section 12 of the Consumer Protection Act, 1986 was dismissed.

2.      Dharambir-complainant was owner of truck bearing registration No.HR-30-F-0326. The truck was insured with The Oriental Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party, for the period December 26^th, 2012 to December 25^th, 2013, vide Insurance Policy Exhibit C-4, for Rs.9,32,000/-. It met with an accident on May 28^th, 2013.  The Insurance Company was immediately informed.  He spent Rs.3,45,950/- on the repair of truck.  He filed claim with the Insurance Company, but the same was repudiated. 

3.      The Insurance Company filed reply and submitted that complaint was not maintainable on account of concealment of material facts.  It was also denied that truck met with an accident.

4.      District Forum dismissed the complaint on the grounds that complainant had earlier filed two complaints before the District Forum with regard to accident of his two trucks bearing No.HR38M-3536 and HR55G-3679.  Since the complainant was owner of three trucks including the present, it proves that trucks were being plied for commercial purpose and as such the complainant was not a ‘consumer’.

5.      Learned counsel for the complainant has urged that purpose of obtaining insurance was not commercial and it hardly matters that he was owner of two more trucks and on that account, the complaint could not have been dismissed.

6.      Admittedly, complainant got his truck insured from the Insurance Company and obtaining services of Insurance Company for getting the truck insured, does not fall within the purview of ‘commercial purposes’.  District Forum fell in error in holding that since the truck was being plied for commercial purpose, he was not entitled to the benefits of insurance. The truck may be run for commercial purpose but for obtaining service of Insurance Company for getting the truck insured does not fall within the purview of ‘commercial purpose’ and complaint is maintainable. Consequently, appeal is accepted and the impugned order is set aside. The case is remitted to the District Forum, to decide it afresh on merits after giving an opportunity of being heard to the parties.   

7.      Record of the District Forum alongwith a copy of this order be sent.

8.      The statutory amount of Rs.2750/- deposited at the time of filing the appeal be refunded to the appellant/complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

9.      Copy of this order be sent to all the District Fora in the State of Haryana.

 

 

Announced 10.03.2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL/UK