Mr. Justice K.K. Srivastava, President—The appellant/complainant has been non-suited by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) vide impugned judgment and order dated 11.10.2004 passed in complaint case No. 215 of 2003 only on the ground that it took the policy of insurance from the respondent-National Insurance Company Limited (for short hereinafter to be referred as Insurance Company) for commercial purpose, which now by the amendment made in the Consumer Protection Act, 1986 (for short hereinafter to be referred as C.P. Act) has been taken out of the purview of the C.P. Act. The District Forum did not go into the merit of the case.

2. The position of law has now been settled by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter to be referred as National Commission) in the case of “M/s. Harsolia Motors v. M/s. National Insurance Company Limited”, I (2005) CPJ 27 (NC)=First Appeal No. 159 of 2004 decided vide judgment and order dated 3.12.2004, wherein the Hon’ble National Commission has observed at internal page 18 of the order as under:

“Further, fr