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2019 Supreme(SC) 949

D.Y.CHANDRACHUD, INDIRA BANERJEE
Balwant Singh & Sons – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Rohit Sharma, Mr. Raunak Nayak, Mr. Atul Agarwal, Mr. Anshul Chowdhary, Mr. Kumar Dushyant Singh.
For the Respondents: Mrs. Nanita Sharma, Mr. Vivek Sharma, Mr. Amardeep Sharma, Mr. Bajrang Lal Jat.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment of the National Consumer Disputes Redressal Commission “NCDRC” dated 11 March 2014 dismissing a revision petition filed by the appellant. The NCDRC upheld the view of the District Consumer Disputes Redressal Forum, Jalandhar “District Forum” and of the State Consumer Disputes Redressal Commission, Chandigarh “SCDRC” that the insurer was not liable on a claim preferred under a policy of insurance for the loss of a vehicle occasioned by theft.

3. The third respondent entered into a Hire Purchase Agreement with ICICI Bank “Bank” the second respondent through its Branch at Jalandhar in respect of a vehicle. Pursuant to the agreement, the third respondent paid a few instalments but then committed a default upon which possession of the vehicle was taken by the Bank. The vehicle was put up for auction on 31 March 2006 and was purchased by the appellant for a consideration of Rs. 2,42,000. Besides the payment of an amount of Rs. 5,000 as earnest money, the appellant paid the balance by a cheque dated 31 March 2006 drawn on the State Bank of Bikaner & Jaipur. Possession of the vehicle was handed ove

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