Dr. B.C. Gupta, Member—This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 5.03.2008, passed by the U.P. State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in First Appeal No. 1500/S.C./2008, “New India Assurance Co. Limited versus Dilawar Khan”, vide which, while allowing the appeal, the order dated 12.05.2003, passed by the District Forum Agra in consumer complaint No. 86/2001, filed by the present petitioner/complainant, Dilawar Khan allowing the said complaint, was set aside and the consumer complaint was ordered to be dismissed.

2. During the pendency of this revision petition, the petitioner Dilawar Khan died and his successors-in-interest were substituted as the petitioners.

3. The facts of the case are that the complainant Dilawar Khan purchased a Tata Sumo vehicle, bearing registration No. UP80 P 5740 on 28.01.99 from M/s. Ashok Auto Sales, Nunihai, Agra for a sum of Rs.3,99,589/- and the said vehicle was insured for the period from 28.02.99 to 27.01.2000 with the opposite party (OP), the New India Assurance Co. Limited. The vehicle was supposed to c