NCDRC

NCDRC

RP/2660/2006

ATUL METAL INDUSTRIES - Complainant(s)

Versus

THE UNITED INDIA INSURANCE CO. LTD. - Opp.Party(s)

MR. EJAZ MAZBOOL

04 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2660 OF 2006
(Against the Order dated 28/09/2004 in Appeal No. 313/2004 of the State Commission Gujarat)
1. ATUL METAL INDUSTRIESPROPRIETOR,SHRI MORAMBHAI HATHIBHAI DAV CANAL ROAD RAJKOT ...........Petitioner(s)
Versus
1. THE UNITED INDIA INSURANCE CO. LTD.DIVISIONAL OFFICE-2,TORAL, JAVAHAR ROAD, RAJKOT ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 04 Aug 2010
ORDER

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Heard Counsel for the parties. Learned Counsel for the parties state that the Petitioner/Complainant was not suited by the fora below on the ground that the Petitioner was not a consumer. However, Learned Counsel for the Petitioner states that the case of the Petitioner is covered by the judgement of this Commission in Harsolia Motors V/s. National Insurance Company ( First Appeal No.159 of 2004). Against the said judgement of the Commission, SLP was filed which has been admitted but no stay has been granted by the Apex Court. Therefore, so far as the issue of Petitioner being consumer is concerned, the same will be governed by the decision which is ultimately passed by the Apex Court. The merits of the matter were never examined by the District Forum or the State Commission. Therefore, it will be appropriate that in the meantime direction be given to the District Forum to deal with the matter on merits in accordance with law. The District Forum shall make endeavour to dispose of the complaint expeditiously and preferably within a period of 6 months from the date of receipt of the order. It goes without saying that Counsel for the parties shall cooperate and shall not seek adjournment so that the time limit fixed can be adhered to Revision stands disposed of accordingly. Parties shall appear before the District Forum on 29.9.2010 for taking date for arguments. Dasti copy of the order be given to the parties.


......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER