Tribunals and CommissionsDivision Bench(2023) 10 NCDRC CK 0139

Gargi Huttenes Albertus Pvt. Ltd. vs National Insurance Co. Ltd.

National Consumer Disputes Redressal Commission · Decided on 18 October 2023

HON’BLE JUDGES
Subhash Chandra, Presiding Member · Dr. Sadhna Shanker, Member
RESULT
Disposed Of
CASE NUMBER
First Appeal No. 1362 Of 2018

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Judgment

5 paragraphs · 181 words

This Appeal has been filed by the Appellant/Complainant against the order dated 19.06.2018 of the State Consumer Disputes Redressal Commission, Maharashtra (for short “the State Commission”) in Complaint No.250 of 2012 dismissing the Complaint on the ground that the Appellant being a Limited Company was not a consumer under Section 2(1)(d) of the Consumer Protection Act.

Learned Counsel for the Appellant submits that in view of the judgment of the Hon’ble Supreme Court in Harsolia Motors vs. National Insurance Co. Ltd., I (2005) CPJ 27 (NC) the Appellant is a consumer who has a right to agitate its case on merits before the State Commission.

In view of the submissions made, which is not opposed by the learned Counsel for the Respondent, the Appeal is allowed and the Complaint No.250 of 2012 before the State Commission is restored to its original number.  State Commission is directed to decide the Complaint on merits after affording due opportunity of hearing to both the parties.

Parties are directed to appear before the State Commission on 30.11.2023.

Appeal stands disposed of in the above terms.