NCDRC

NCDRC

RP/3446/2018

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. & ANR. - Complainant(s)

Versus

ROHTASH SAINI - Opp.Party(s)

M/S. SUMAN BAGGA & ASSOCIATES

02 Jan 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3446 OF 2018
 
(Against the Order dated 12/01/2018 in Appeal No. 1171/2017 of the State Commission Haryana)
1. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD. & ANR.
PLOT NO. 1ST FOOR, PUSA ROAD, NEAR METOR PILLAR NO. 81,
NEW DELHI-110005
2. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
2ND FLOOR, DARE HOUSE, 2 NSC ROAD,
CHENNAI
...........Petitioner(s)
Versus 
1. ROHTASH SAINI
S/O. SH. JAG RAM SAINI, R/O. H.NO. 7703, AZAD CHOWK SAINI MARKET, CIRCULAR ROAD, REWARI, TEHSIL AND
DISTRICT-REWARI
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Ms. Suman Bagga, Advocate
For the Respondent :

Dated : 02 Jan 2019
ORDER

IA No. 23866 of 2018

Heard the Learned Counsel for the Petitioners/Applicants on the Application.

The delay of 221 days in filing the present Revision Petition has sufficiently been explained.  For the reason that the file was misplaced in the Office of the local Counsel, the Application is allowed and the delay is condoned.

Revision Petition

          Heard the Learned Counsel for the Petitioners and perused the impugned order dated 12.01.2018, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (hereinafter referred to as the State Commission), wherein the State Commission has upheld the finding recorded by the District Consumer Disputes Redressal Forum, Rewari in Consumer Complaint No. 369 of 2014, preferred by the Respondent herein, and has held that there cannot be a wilful breach of Condition No. 5 on the part of the Driver if he had parked the vehicle in question on road side and went to ease himself, forgetting to remove the keys from the ignition of the vehicle.

          On the concurrent findings recorded by the Fora below, we do not find any good ground to interfere with the order passed by the State Commission.  Accordingly, the Revision Petition is dismissed.  

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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