| Complaint Case No. CC/12/123 |
| | | | 1. DR. C.K DEVADAS | | MANAGING DIRECTOR, HOTEL METROPOLITIAN, OPP. SOUTH RAILWAY STATION, ERNAKULAM |
| ...........Complainant(s) | |
| Versus | | 1. THE REGIONAL HEAD, RELIANCE GENERAL INSURANCE, KERALA | | K.P VALLON ROAD, KADAVANTHRA, COCHIN 20 | | 2. NOBY THOMAS | | THE BRANCH HEAD, RELIANCE GENERAL INSURANCE, XL/3599, 4TH FLOOR, ELIZEBETH ALEXANDER ME, SHANMUGHAM ROAD, ERNAKULAM |
| ............Opp.Party(s) |
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| ORDER | BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM. Date of filing : 03/03/2012 Date of Order : 10/09/2012 Present :- Shri. A. Rajesh, President. Smt. C.K. Lekhamma, Member. C.C. No. 123/2012 Between
Dr. C.K. Devadas, | :: | Complainant | Managing Director, Hotel Metropolitian, Opp. South Railway Station, Ernakulam. |
| (By Adv. A.P. Subash, Advocate & Notary, Room No. 6 AB, Jewel Arcade, Layam Road, Kochi - 11) |
And
1. The Regional Head, Reliance General Insurance, | :: | Opposite Parties | Kerala, K.P. Vallon Road, Kadavanthra, Cochin – 20. 2. Noby Thomas, The Branch Head, Reliance General Insurance, XI/3599, 4th Floor, Elizebeth Alexander Me,
Shamugham Road, Ernakulam. |
| (Op.pts. by Adv. P.S. Ramu, 'Kamalam', Surabhi Lane, Near Karayogam Devi Temple, K.P. Vallon Road, Kadavanthra, Cochin) |
O R D E R A. Rajesh, President. 1. The 1st opposite party filed version challenging the maintainability of the complaint in this Forum. According to the 1st opposite party, the complainant had approached the Hon'ble Motor Accident Claims Tribunal, Ernakulam by filing O.P. (MV) No. 387/2011 and the same is pending consideration before the Tribunal. The complainant admitted the pendency of the said petition before the M.A.C.T. in the complaint and the same is not disputed. 2. We have heard the counsel for the parties and gone through the documents on record. During the proceedings in this Forum, the 1st opposite party has produced the copy of the petition which is pending before the Hon'ble Motor Accident Claims Tribunal, Ernakulam. Evidently, the relief sought for before the Hon'ble Motor Accident Claims Tribunal and in this complaint are the same. Since, the matter is already judicially pending before a competent authority, we need not to proceed with the proceedings in this complaint further.
3. In view of the fact that the matter in question is pending adjudgement by a Forum as competent, the proceedings in this complaint stands closed. Pronounced in the open Forum on this the 10th day of September 2012. Forwarded/By Order, Sd/- A. Rajesh, President. Sd/- C.K. Lekhamma, Member.
Senior Superintendent. | |
