ORDERS:

 Naveen Puri, President;

On date, Miscellaneous Application # 03 dated 10.11.2016 has been adjudicated to be dismissed/ disposed-off that also resolves the present complaint CC 77 of 19.10.2016 of 2016 and reads as hereunder:

           The present resolve has been to adjudicate the Misc. Application # 03 dated 10.11.2016 filed U/s 24-A(2) for condoning ‘delay’ in filing of CC # 77 (consumer compliant) of 19.10.2016 sans requisite mention of the period of ‘delay’ along with its explanatory cause/ reason(s) etc. As per normal procedure/ practice and also as statutorily laid down, such an application need be filed simultaneously along with the main complaint to be decided/ adjudicated first to determine the admissibility/ maintainability of the main complaint. However, the present application has been since continuing separately along with its main complaint and presently we afford adjudication to the same so as to afford furtherance to main complaint CC 77/2016. Further, for the sake of better interpretation-fidelity, the instant judicial resolve need be better perused in the light of the prime dispute/ grievance having arisen between the hereinabove titled litigants.          

2.   It shall also be desirable to go through the governing facts of the dispute manifesting into the present complaint that somewhat in brief are as hereunder:

i)          The complainant owned Truck RC # PB05 S 8952 was insured with the opposite party insurers on 26.06.2012 for one year up to 25.06.2013. However, the insured Truck was stolen on 04.12.2012 and FIR # 165 dated 15.12.2012 was lodged and theft-claim for the SI (Sum Insured) Amount of Rs 4.50 Lac was duly filed with the OP insurers along with the requisite papers/ documents except the Untraced Report since it was accepted by the competent court on 06.06.2015, only.

 ii)     As the opposite party insurers failed to settle the theft-claim, the complainant filed consumer complaint # 55/ 2016 that was not admitted being time-barred per the date of theft 04.12.2012 (cause of action). The forum rejected the complainant’s plea as per its orders dated 19.07.2016 as to cause of action having arisen on 06.06.2015 when the competent court accepted the un-traceable report. Presently, the forum’s orders have attained finality since long (on 19.08.2016) as such no complaint/ suit/ appeal can be filed on the same cause of action i.e., date of 04.12.2012 and also for the disallowed cause of action on 06.06.2015, the date of acceptance of untraceable report.

iii)      Finally, the complainant Sh. Harbhal Singh filed an application under RTI Act with the opposite party insurers and got the information on 09.09.2016 that his related theft-claim was rejected as ‘no-claim’ on 31.03.2014 and thus prompted the present complaint CC # 77/2016 followed by the instant application MA # 03/2016.

3.       We have thoroughly examined the available documents/ evidence on the records so as to statutorily interpret the meaning and purpose of each document and also the scope of adverse inference on account of some documents ignored to be produced by the contesting litigants against the back-drop of the arguments as put forth by the learned counsels for their respective litigants. We find that the present complainant has been debarred to legal remedy to cause of action of 04.12.2012 (date of theft) presumably rekindled on 06.06.2015 (at the acceptance of untraceable report by the competent JMIC court) by virtue of this forum’s final orders dated 19.07.2016 hence the application under adjudication shall be ‘ambiguous’ but redundant/ unnecessary to the cause of action pleaded to have arisen on 09.09.2016 upon being first time in receipt of the ‘repudiation’ dated 31.03.2014.

4.       In the matter pertaining to the instant application (and also the present complaint) and in the light of the all above, we dismiss the Miscellaneous Application # 03/ 2016 as ambiguous as well as redundant/ unnecessary and thus it also disposes of the consumer complaint # 77/ 2016 but however with liberty to the complainant to avail himself of any relief to cause of action having pleaded to be rekindled on 09.09.2016 through any legal remedy available in law, if so desired or so advised.  

5.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

Announced in Open Forum

10.4.2018