NCDRC

NCDRC

RP/3731/2006

SHRI GURVINDER SINGH - Complainant(s)

Versus

NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

PRATAP CHAUDHARY

05 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3731 OF 2006
 
(Against the Order dated 03/05/2006 in Appeal No. 88/2005 of the State Commission Haryana)
1. SHRI GURVINDER SINGH
S/O. OF SHRI JOGINDRE SINGH R/O. HOUSE OF , NO. 9606/6
KOTWALI SARAI
AMBALA CITY
...........Petitioner(s)
Versus 
1. NEW INDIA ASSURANCE CO. LTD.
BRANCH OFFICE , MUNCIPAL SHOP COMPLEX
SECTOR , 19.
AMBALA CITY
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :PRATAP CHAUDHARY
For the Respondent :
Mr.Ramesh Kumar, Advocate

Dated : 05 Apr 2011
ORDER

Petitioner/complainant got his transport vehicle insured from the respondent for the period from 28.10.2000 to 27.10.2001.  The said vehicle met with an accident on 8.6.2001 in Gujarat.  Report of the accident was lodged in the Modasa Rural Police Station.  Insurance company was informed about the accident.  Spot surveyor was appointed.  Vehicle was brought to Ambala City for repairs.  Petitioner lodged the claim with the respondent insurance company, which was repudiated on the ground that the driver of the vehicle did not possess a valid driving licence.  Being aggrieved, petitioner filed complaint before the District Forum.

During the pendency of the complaint before the District Forum, petitioner produced licence No.11227 belonging to the driver.  Respondent, in response thereto produced the verification report, according to which licence No.11227 was never issued to the said driver.  On 28.4.2005, petitioner moved an application seeking permission to produce another licence of the driver bearing No.4295-P94 dated 24.8.1994.  District Forum, by an interim order, dismissed the application and fixed the case for arguments on 5.5.2005. 

Aggrieved against the order passed by the District Forum, petitioner filed the appeal before the State Commission which has been dismissed primarily on the ground that the application was moved at a belated stage at the time of arguments. 

Petitioner had produced the licence of the driver bearing No.11227 which did not belong to him.  At a belated stage, at the time of arguments, the petitioner moved an application to produce another licence bearing No.4295-P94.  Consumer fora  have to decide cases in a summary manner within a time frame.  Complaints are required to be decided within 90 days, in case no expert evidence is required to be taken and, within 150 days, wherever expert evidence is required to be taken.  Application made by the petitioner at a belated stage could not be entertained.  Moreover, the driver of the vehicle cannot possess two licences.  Earlier licence produced by the petitioner was found to be fake.  Petitioner, at a belated stage, could not be permitted to produce another licence at the time of arguments.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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