Ajit  Kumar                       Vs            Oriental Insurance Co. Ltd.

          None has been appearing on behalf of the Complainant since 14.01.2016.  We directed issuance of notice for pairavi to him for today.  Notice has been sent to him vide dispatch no. 620 dated 30.03.2017 on his address given in the complaint for today.  The same has been received back with the postal remark “left without address”          

          Counsel for the OP has taken us through the file.   Pleadings are complete. Evidence is complete. Therefore, we proceed to decide the case on merits.

          As per the averments made in the complaint itself,  the  OP Insurance Company has paid Rs. 5,81,570/- towards the Insurance Claim of the Complainant in the Civil Suit though  his  version is that  he could not understand as to why  an only an amount of                     Rs. 5,81,570/- was released by the OP Insurance  Company while the insurance was taken for Rs. 6,13,000/- .  Copy of the order dated  10.09.2011 passed by the Judge of the  Lok Adalat in Suit No. 80/2010 titled  as PNB Vs Ajit Kumar has been placed on the record as Annexure-P/7.  From the perusal of the said order passed by Judge of the Lok Adalat  it is crystal clear  that the amount of Rs,  5,81,570/-  against the Insurance Claim in question of the Complainant has been   released by the OP  herein to him

This Forum is not superior to the Civil Court.  Decree passed by the Civil Court has to be taken into consideration while passing an order in a complaint filed under the Consumer Protection Act.

          Since the Complainant did not file an appeal against this order dated 10.09.2011 the said order has attained finality and can not be challenged  atleast by filing the present complaint under the Consumer Protection Act.  The principle of res-judicata is applied to the present claim. Therefore, we hold that the Complainant has failed to make out a case of deficiency in service and unfair trade practice on the part of the OP. 

In view of the   above discussion,  we dismiss the complaint with no order as to costs.  Let a copy of this Order be given dasti to the Counsel for the OP.  A copy be also sent to the Complainant at his last known address through speed post. 

The file be consigned to the record room.

03.05.2017