Sri Shyamal Gupta, Member

The complaint case since been dismissed by the Ld. District Forum at the admission stage itself, aggrieved with such decision, this Appeal is filed by the Complainant of the complaint case.

The dispute revolves around an insurance claim that the Appellant lodged with the Respondents.  The said claim was ultimately repudiated by the Respondents over non- submission of documents.  

As the Appellant moved a writ before the Hon’ble High Court, Calcutta before filing the complaint case  and the same was disposed of by the Hon’ble Court, in the opinion of the Ld. District Forum, it lacked any authority to adjudicate the dispute and accordingly dismissed the same.

Be it mentioned here that initially the Respondents appeared through their Ld. Advocate.  However, subsequently the concerned Ld. Advocate stopped turning up before this Commission.  Therefore, only the Ld. Advocate of the Appellant was heard at the time of hearing.

In this regard, it is submitted by the Appellant that the said writ was filed before repudiation of its claim and on the other hand, the complaint case was filed post repudiation of its claim by the Respondents. 

Having heard the Appellant and on perusal of the documents on record, it transpires that the Hon’ble Court did not adjudicate the case on merit.  On the basis of prayer of the Appellant, it asked the Respondents to dispose of Appellant’s claim in accordance with law by passing a reasoned order.

Given that the Hon’ble Court did not dispose of the case on merit, there was virtually no legal impediment to adjudicate the instant case by the Ld. District Forum.  Clearly, the Ld. District Forum grossly erred in understanding the true position of law in the matter.  We have no qualms, therefore, to annul such erroneous decision.

The Appeal, thus, succeeds.

Hence,

O R D E R E D

The Appeal stands allowed ex parte against the Respondents.  The impugned order is hereby set aside.  Appellant is directed to appear before the Ld. District Forum on 26-07-2018 for fresh adjudication of the matter on merit.