JUDGMENT :

N.KOTISWAR SINGH, J

1. The present petition has been preferred against the order dated 09.06.2003 passed by the J&K State Consumers Protection Commission, Srinagar in Appeal No. 51 of 2002, where the complaint filed by the petitioner before Divisional Consumers Protection Forum, Srinagar which granted relief to the petitioner was set aside as not maintainable.

2. The facts in brief as may be relevant for the purpose of this petition may be stated as follows:

3. The insured Truck of the petitioner purchased from another person, was totally damaged while travelling on the National Highway on 01.05.1984.

The Insurance Company was, accordingly, informed about the loss of the vehicle and, as no action was taken by the Company, the petitioner served a notice and thereafter, file a suit for declaration and injunction in the Court of Judge, Small Causes, Srinagar which was decreed in his favour with the direction to the Insurance Company to make assessment of the loss of the insured vehicle. The Insurance Company preferred an appeal against the decree of the Court of Judge, Small Causes, which was dismissed in the year 1996.

4. The petitioner thereafter, approached the Divisional Cons