Delhi

New Delhi

CC/1273/2010

Manpreet Singh - Complainant(s)

Versus

The oriental Insurance Co Ltd. - Opp.Party(s)

02 Sep 2020

ORDER

 

 

NEW DELHI DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110001

 

Case No.CC/1273/2010                            Dated:

In the matter of:

Sh. Manpreet Singh,

R/o F-2, Arya Smaj Road,

Uttam Nagar, New Delhi-59.

 

Current address-A-26, Vishwas Park,

Gali No.1, (Near Shanti Nursing Home),

Uttam Nagar, New Delhi-59.

        ……..Complainant

VERSUS

The Oriental Insurance  Co. Ltd.,

DRO-1, Hansalaya Building,

10^th floor, 15, Barakhamba Road, New Delhi-110001.

(Service be effected through its authorized person/Manager)

 

Opposite party

ARUN KUMAR ARYA, PRESIDENT

ORDER

 Matter has taken through video conferencing.

2.     The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant is the registered owner of Tata truck  vide registration No. HR 38J 8267  and insured with OP vide Cover Note No.215503/31/2010/1342.  In the month of August 2009. The aforesaid vehicle burnt completely.  The FIR was registered in respect of the same. The claim was lodged with the OP on 17.8.2009 but despite receipt of the claim as well as further correspondence at a regular interval, OP did nothing under one pretext of the other.  The complainant requested several time to the OP to consider his claim but all in vain, hence this complaint.

3.     Notice of the complaint was sent to the OP.  None appeared on behalf of OP, therefore it was ordered to be proceeded with ex-parte vide order dt.  1.4.2011 but later on the same date, Sh. R.N. Sharma , counsel for OP appeared  and files its written statement. OP was directed to file an application for setting aside exparte proceedings on the NDOH but none appeared on behalf of OP on the next date also and it was again ordered to be proceeded with ex-parte vide order dt. 23.8.2011.

4.     Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of its complaint.

5.     We have heard argument advanced at the Bar and have perused the record.

6.     Perusal of the complaint shows that the case involves the complicated question of facts  on various issues such as  i) As per the complainant, the goods worth Rs.9,00,000/-/- was damaged in the fire, however as per insured’s the stock register is not authentic and the insured has failed to prove their loss based on books and records ii) the ownership of the same is not proved,  all these issues required elaborate evidence.

7.     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.

8.     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 SurinderKaur&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.

 

9.     In view of the above discussion, we are of the considered opinion that the present complaint involves complicated issues. 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 02/09/2020.

 

(ARUN KUMAR ARYA)

PRESIDENT

                                        

 

 

(H M VYAS)

MEMBER