Delhi

StateCommission

FA/1027/2013

DEVENDER DUTT SHARMA - Complainant(s)

Versus

ICICI LOMBARD INSURANCE CO. LTD. - Opp.Party(s)

21 Feb 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 21.02.2018

 

First Appeal No.1027/2013

(Arising out of the order dated 30.08.2013 passed in Complaint Case No.48/2013 by the District Consumer Disputes Redressal Forum(North East), Delhi)

 

 

Shri Davender Dutt Sharma, Advocate

S?o Late Shri Prem Dutt Sharma

R-236-A, Pocket J&K,

Dilshad Garden, Delhi -110095.                                         …Appellant

 

 

Versus

 

ICICI Lombard Insurance Co. Ltd.,

DDA Market, First Floor,

101, J & K Market, Dilshad Garden,

Delhi -110095.

 

ALSO AT;

 

ICICI Lombard Insurance Co. Ltd.,

ICICI Bank Tower, Plot No.12,

Financial District, Nanakram,

Guda Gachibowli, Hyderabad.

                                                ….Respondent

 

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

1.  Whether reporters of local newspaper be allowed to see the judgment?

    

2. To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

1. This is an appeal under Section 15 of the Consumer Protection Act, 1986(in short the Act) directed against the order dated 30.08.2013 passed by the District Consumer  Disputes Redressal Forum (North East) in CC No.48/2013 whereby the complaint filed by the appellant/complainant has been dismissed being pre-mature. The aforesaid order reads as under:

                 “30.08.2013

 

        Case called out.

          Present: Sh. R.L. Sharma, Adv. for the complainant.

 

          Sh. Sanjeev Niwani, Adv. for OP. It is stated by the Ld. Cl. for the OP that it had called for certain documents from the complainant and the claim is pending till date in the office of the OP.

 

          The complaint is premature.

 

          Accordingly, the same is dismissed with liberty to the complainant to file complaint if any at the appropriate stage.

          File be consigned to Record Room.”

 

 

 

2. No one has appeared on behalf of the appellant/complainant despite awaiting. Ld. counsel for the respondent/OP states that after passing of the impugned order, the appellant/complainant had submitted the necessary documents with the respondent/OP. It is submitted that respondent/OP has assessed the claim of the appellant/complainant and a cheque of Rs.2,03,431/- dated 14.02.2014 has also been given to him. It is stated that the appellant/complainant has accepted the same under protest.
3. In these circumstances, there is no point in continuing with the present appeal when the impugned order has already been complied with by the respondent/OP.
4. The appeal therefore, stands disposed of having become infructuous. However, the appellant/complainant shall be at liberty to file fresh complaint in accordance with law if according to him there is deficiency in service on the part of respondent/OP in not paying the complete claim amount.
5.  
6. A copy of this order be sent to the parties as per rule and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

 

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member