We have heard the learned counsel for the petitioner at length and also perused the documents including the additional affidavits filed on 22.7.2008 and on 16.9.2008, in accordance with our order dated 7.5.2008. At the outset, we note that the statements of the learned counsel about the cases of the petitioner before the Civil Court/High Court regarding the insurance claims having been withdrawn, are not averred anywhere in the course of these proceedings and hence cannot be relied upon. The main point raised by the learned counsel for the petitioner is that the conclusion arrived at by the State Commission in the last paragraph of its order dated 8.1.2008 is unwarranted in view of the fact that the State Commission was not competent to pronounce on the allegations of forgery and fabrication of evidence and that the life assured, namely, Anil Kumar Singh was a fictitious person, when these issues were and continue to be before the competent Criminal Court. If this argument is accepted, it would follow that a consumer forum is not the right forum to entertain this petition ab initio when the substantive issues in the complaint pertain to matters mentioned above. Without going into the validity of the conclusions arrived at by the State Commission in its impugned order, we, however, order that to the extent of lack of jurisdiction on criminal matters, the observations of the State Commission need not be taken note of. However, since the petitioner (the original complainant) is already before the Criminal Court in connection with the question of identity of the deceased life assured and other related criminal allegations, he will be at liberty to approach the appropriate Civil Court, if so advised, in respect of the insurance claim, on completion of the criminal proceedings and fiscal decision therein. For this purpose, the petitioner may rely upon the decision of the Apex Court in Laxmi Engineering Works vs. PSG Industrial Institute [(1995) 3 SCC 583], in respect of limitation. This Revision Petition is disposed of in above terms.
......................ANUPAM DASGUPTAPRESIDING MEMBER
......................S.K. NAIKMEMBER | |
