Rajasthan

StateCommission

FA/59/2014

The New India Assurance Company Limited through its Authoried Signatory - Complainant(s)

Versus

Srichand Khedar s/o Narayan Singh - Opp.Party(s)

Vizzy Agarwal

03 Nov 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 59/2014

 

The New India Assurance Co. Ltd. Br.Office 331 203 Jalan Bhawan, Opp.Collectorate, Sikar through its authorised signatory & ors.

 

Vs.

 

Shrichand Khedar s/o Narayan Singh r/o Bajawa Rawat Ka, Tehsil Udaipurwati,District Jhunjhunu.

 

 

Date of Order 3.11.2015

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.Vizzy Agarwal counsel for the appellant

Mr.Naveen Kumar Sharma counsel for respondent no.2

 

2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been preferred against the order dated 26.9.2013 of the District Consumer Forum, Jhunjhunu by which the complaint was allowed.

 

The contention of the appellant is that the vehicle has been sold FIR was filed by the purchaser of the vehicle and all the documents established the fact that complainant had sold the vehicle to other person. Repudiation was justified.

 

None appeared on behalf of respondent no.1. Respondent no.2 is a Finance Company and has no direct interest in the matter.

 

The only contention of the appellant is that as per Anx.1 the present respondent has sold the vehicle to Vidyadhar which was rented to PWD Jhunjhunu. FIR was also lodged by Vidyadhar and even in presence of Vidyadhar negative final report was accepted. Vidyadhar has also deposed before investigating officer that he has purchased the vehicle from Shrichand and Shrichand has also deposed the same fact.

3

 

The appellant has relied upon IV (2012) CPJ 639 (NC) Dharambir Vs. New India Assurance Co. where the facts were identical and court has held that when documents established that complainant sold the vehicle before it was stolen, the repudiation was justified. This case is squarely covered by the case of Dharambir (supra ) and hence the court below has erred in accepting the complaint.

 

The appeal is allowed and the judgment and award passed by the court below is set aside.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

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