The Ld. Counsel for the Complainant is present.

Today is fixed for admission hearing. During hearing it is noticed by us that in the prayer portion the Complainant has prayed for setting aside and/or quash the impugned award no. IO/KOL/A/HI/0353/2021-2022 dated 21.12.2021 passed by the OP No. 2 in Complaint Ref. No. KOL-H-040-2122-0464 and stay of operation of the said impugned order.

It is seen by us that the Complainant has challenged the order passed by the Ld. Insurance Ombudsman. It is the settled Law that the Court of the Ombudsman being a Tribunal, the Consumer Commission also being a Tribunal cannot set aside the award passed by the another Tribunal i.e. Insurance Ombudsman. Therefore, as we are not empowered to stay of operation of the award or to set aside the said award, the present petition of complaint in this format cannot be maintainable. Admittedly, the prayer ‘a’ and prayer ‘d’ and prayer ‘e’ are maintainable before this Ld. Commission under the Consumer Protection Act, 2019. As there is pleading in this complaint, regarding prayer ‘b’ and ‘c’, the content of the pleading should be rectified.

The Complainant has also filed the petition praying for withdrawal of the present complaint subject to giving liberty to file afresh after proper rectification.

According to the Complainant if this application is not allowed he will suffer irreparable loss and injury and prayer is made by the complainant for allowing this application.

Upon considering the application, we are of the opinion that as the complaint is suffering from some defect, hence the Complainant is at liberty to withdraw the same and file afresh after removal of the said defects, if not barred otherwise.  

Hence it is ordered that the Consumer Complaint being no. CC 115/2022 is dismissed as withdrawn without being admitted. However, the Complainant is at liberty to file afresh after removing the defects, if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
PRESIDING MEMBER