Delhi

New Delhi

CC/956/2010

Lekh Ram Suman - Complainant(s)

Versus

M/S. Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

25 Feb 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

C.C.No.956/2010

 

 

Lekh Ram Suman,

S/o Late Sh. Ltoor,

R/o  House No.A-502, Plot No.27,

New Jyoti Apartment, Sec.04,

Dwarka, New Delhi-110075.

Vs.

 

Bajaj Allianz Life Insurance  CO. Ltd.,

108, Surya Kiran Building, 1^st Floor-19,

K.G. Marg,  Connaught Place,

New Delhi-110001.

 

 

NIPUR CHANDNA, MEMBER

 

O R D E R

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant received  Policy bearing  No.0104727784 dated 11.8.2008 with serious lapses such as the policy did not bear the signature of the complainant and signatures has been forged by OP with the intention of committing fraud.  Immediately after receiving the aforesaid policy, complainant contacted Mr. Lalit Sharma, agent of the OP and raised the issue of non-acceptance and discontinuation of the alleged policy, who assured the complainant that the defects in the policy would be corrected soon. When no fruitful result was received from the agent, complainant approached the official of the OP on different occasions. Due to continuous persuasion finally OP vide its letter dated 17.2.2009 informed him that they had updated complainant signature for getting the claim and further assured that the claim would not suffer due to this draw back.  Due to continuous threat and coercion by the OP he was forced to pay the premium to tune of Rs.55,607/-.  He complained that OP has committed fraud by forging his signatures which is a crime under section 420, 567, 467 and 468 of IPC and in view of the same the alleged policy in question be declared  as void ab initio and the relief claim be granted.

2.     Complaint has been contested by OP.  It has filed its written statement, wherein it denied any deficiency in services on its part and stated that the OP has provided the policy documents to the complainant on 11.8.2008.  After receiving of the policy documents, the complainant has the right under clause 14 of free-looking period in which, if, the complainant does not want to continue the policy, he can get the same cancelled.  But the complainant has not availed the clause 14 and continue the policy which show that he is very much interested to continue the same.  Prayed for the dismissal of the complaint on this ground alone.

3.     Both the parties have filed their evidences by way of affidavit

4.     We have heard argument advance at the Bar and have perused the record.

5.     Perusal of the complaint shows that the case involves the complicated question of facts on various issues such as  i) the policy does not bear the signatures of the complainant ii) signature has been forged by OP with the intention of committing fraud iii) Due to continuous threat and coercion by the OP complainant was forced to pay the premium to tune of Rs.55,607/-. etc.

6.       Admittedly, the Consumer Forum deals with the complaint in a summary proceeding, where cases involve a great deal of evidence, the same cannot be adjudicated upon by the Forum & for which the party concerned has to approach the civil court where elaborate procedure including recording of evidence is followed.

7.     In case titled Punjab Lloyd Ltd. Vs Corporate Risks India Pvt. Ltd. (2009) 2 SCC 301, it was held that the complicated question of law should be decided by the regular court. It further held that the decisive test in not the complicated nature of question of fact and law arising for decision. In another case titled LIC & Ors. Vs Surinder Kaur & Ors. Civil Appeal No.5334 or 2006 (Arising or of SLP (c) No.17866 of 2005) decided by Hon’ble Supreme Court of India on 01.12.2006, it has been held that complex question of facts cannot be decided by the consumer forum under the Consumer Protection Act and such arises can be subject matter of regular Civil Court.

 

8.     In view of the above discussion, we are of the considered opinion that the present complaint involves complicated issues such as fraud,  threatening and coercion. This issues required elaborate oral and documentary evidence and the examination of the witnesses for the proper disposal of the matter.  The proper forum for adjudication of the present complaint is Civil Court.  Consumer Protection Act being the special Act where only summary proceedings are taken up and as such the adjudication of the present complaint is beyond the scope and jurisdiction of this Hon’ble Forum.  We are, therefore, inclined to hold that the present complainant cannot be adjudicated by way of Summary Proceeding; hence the present complaint is dismissed with liberty to the complainant to approach the Civil Court as per law.

 

A copy of this order each be sent to both parties free of cost by post.  Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 25/02/2019.

 

                                       (ARUN KUMAR ARYA)

                                                    PRESIDENT

(NIPUR CHANDNA)                                           (H M VYAS)

       MEMBER                                                         MEMBER