V.K. Jain, Presiding Member—The complainant purchased a vehicle from the respondent No.2 Vicon Automobiles (I) Pvt. Ltd., running a showroom under the name and style of M/s Akshya Toyota. The complainant also delivered a cheque of Rs.21,540/- in the name of Respondent No.1 Iffco Tokio as the premium for insurance of the said vehicle. The cheque was allegedly filled by the agent of the insurer. There was an overwriting on the cheque issued by the complainant, which he had duly signed. The cheque was drawn on State Bank of India, P.O. Bhilai, Durg, M.P. The cheque however, was dishonoured on account of the aforesaid overwriting. The policy was therefore, cancelled by the respondent No.1 vide its letter dated 27.4.2015. The vehicle in the meanwhile met with an accident on 12.4.2015. Being aggrieved, the complainant approached the concerned district Forum by way of a consumer complaint, impleading both, the insurer as well as the car dealer as the opposite parties in the complaint.

2. The complaint was resisted by the insurer, primarily on the ground that the cheque given by the complainant towards premium of the insurance policy having been dishonoured, the vehicle was not