NEW INDIA ASSURANCE CO LTD Vs. YADAV BUILDERS
LAWS(NCD)-2021-2-29
NCDRC
Decided on February 01,2021

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Yadav Builders Respondents

JUDGEMENT

C Viswanath,J. - (1.) The present Revision Petition, under Section 21(1)(b) of the Consumer Protection Act, 1986 has been filed by the Petitioner against the order dated 07.08.2014 of the State Consumer Disputes Redressal Commission Punjab, Chandigarh in Appeal No. 1993/2010.
(2.) The Complainant /Respondent was the owner of TATA Trailer bearing Registration No. PB-30D-8999 insured with the Opposite Party, vide Policy Number 360501/31/08/01/00000719. According to the Complainant, the vehicle met with an accident on 16.03.2009. The Complainant informed the Opposite Party and filed the claim. The Opposite Party appointed a Surveyor and Loss Assessor for assessing the loss. Though the Surveyor calculated the loss of Rs.6,18,500/- ,the Opposite Party, vide letter dated 02.12.2009 repudiated the claim on the ground that the driver was holding a fake driving licence ,The Complainant, thereupon, field a Complaint before the District Forum with the following prayer: - "The Complaint of the Complaint be accepted and opposite party be directed to release amount of rupees 6,18,500/- along with interest at the rate of 18% detailed in the head note of Complaint and further to pay rupees 20,000 on account of mental tension, harassment and agony and rupees 5500/- as litigation expenses and any other relief which this Hon'ble Forum may deem fit also be awarded to complainant in the interest of Justice''.
(3.) The case was contested by the Opposite Party/Petitioner before the District Forum. The Opposite Party argued that the Complainant carried on commercial activity for profit and as such did not fall within the meaning of 'Consumer' as under the Consumer Protection Act, 1986. District Forum after perusal of the record held as follows:- "In view of the above discussion it is crystal clear that complainant is not consumer of the OP and as such the present Complaint is not maintainable before this Forum. However the complainant would be at liberty to seek other legal remedy available to it, if any. Complaint Dismissed.'' ;


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