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1 - 2 of 2 (0.18 seconds)Icici Lombard General Insurance ... vs Dr.Amit Kumar Thakur & Anr. on 1 April, 2017
10. Learned counsel for the appellant cited judgment dated
01.04.2017 passed by Chhattisgarh State Consumer Disputes
Redressal Commission, Raipur in First Appeal No. 657 of 2016;
I.C.I.C.I. Lombard General Insurance Company Limited Vs. Dr.
Amit Kumar Thakur and another. In the said case, it was
specifically pleaded that the complainant had obtained loan from State
Bank of India and vehicle was hypothecated with the said bank,
therefore, the bank is a necessary party. The said aspect of the matter
was considered by the District Commission, which is not the position
here. Even otherwise, in the present facts and circumstances of the
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case, it would not be in the fitness of things to remand the case back to
the District Commission with a direction to the complainant to
implead the financier as party to the consumer complaint. It is worth
mentioning here that the impugned judgment and order passed by the
District Commission can not be said to be bad in law, in the absence
of specific plea on the part of the insurance company in the written
statement submitted before the District Commission.
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