DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA MALDA D.F.ORIGINAL CASE No. 09 / 2007 Date of filing of the Case:06.02.2007 Complainant | Opposite Party | Arindam Jha S/O. Nirmal Kumar Jha, Pranta Pally, P.S. Englishbazar, P.O. & Dist. Malda. W.B. | 1. | To the Manager National Insurance Company Ltd., Malda 93A, Rabindra Avenue, P.O. & Dist. Malda. |
Present: | 1. | Shri S.K. Chakraborty, President | 2. | Smt. Sumana Das, Member | 3. | Shri A.K. Sinha, Member |
For the Petitioner: Sri Bikash Kundu, Advocate For the O.P. Sri Arijit Neogi, Advocate Order No.06 dated 10.04.2007 Both parties are present through Ld. advocates. The petition of the O.P. dated 20.03.2007 alongwith its objection dated 30.03.2007 (copy served) are taken up for hearing to-day. Hd. both sides at length. The application of the petitioner under order 7 rule 11 C.P.C. contains that the present case having some materials which completely and absolutely civil in nature and as such the same requires to be adjudicated within the mandatory provision of law of evidence and the documents annexed thereto creates some questions of complex factual position and the Forum, for the reasons stated above, is not the appropriate Forum to deal with such dispute and hence the prayer is for dismissal of the petition of complaint at the initial stage of hearing the maintainability point. The objection petition-dated 30.3.2007 filed by the petitioner has eartended that the petitioner’s statement is purely vague, obscure and misconceived and has prayed for rejection of the petition with cost. In order to substantiate his contention the Ld. advocate for the O.P. has filed the original letter of the petitioner dated 01.06 2006 addressed to the present O.P. which contains that there was an accident reason of which is not known to the petitioner and request has been made to take necessary steps and also the reply thereof dated 12.6.2006 issued by Divisional Manager NIC addressed to the proprietor BARON and also the original survey report dated 16.6.2006 relating to loss dated 09.06.2006. He has also filed the original proposal Form duly filled in by the proposer. Item No.10(g) which speaks about “spontaneous combustion” as well as Xerox copy of standard Fire & special perils policy, pars (1) & (3) of which relates to exclusion clause which refer to ‘its own fermentation’, and III (a) speaks of exclusion clause of same other matters viz centrifugal force by its own explosion. He has also taken assistance of the observation appearing in [ 2006(9) S.C. J.D. 189(S.C)] wherein there lordship has been pleased to hold that proceedings before the commission are essentially summery in nature and adjudication of issues which involve disputed factual question should not be adjudicated and further that the complex factual position and on all such matters should be examined by an appropriate Court of Law. In support of his contention it has been urged on behalf of the O.P. that the 20 has submitted FRMF in c/w investigation caused relating to EBPS FIR No.247/2006 dated 09.06.2006 and also the order dated 04.11.2006 passed by Ld. C.J.M., Malda where the defecto complainant (herein the present petitioner) raised no objection against the FRMF though he was heard in person by the Ld. C.J.M before acceptance of the FRMF. Having made reference to the above documents and the observation of Hon’ble S.C. referred to herein above, Ld. advocate for the O.P. has submitted that in order to settle the dispute at rest petitioner has filed several nos. of documents with reference to the purchase of plot from the time of his predecessors. Predecessors through whom he has came into possession of the property in question and this being the position it ousts the jurisdiction of district Forum in as much as the present Forum is supposed to dispose of cases which are essentially summary in nature. Submission of the Ld. advocate on behalf of the O.P. has seriously been challenged by the Ld. advocate on behalf of the petitioner with the submission that stage has not yet been matured to raise such question in absence of filing written version and so the submission of the O.P. should summarily be rejected. This Forum has gone through the documents filed by the O.P., exhaustive discussion of which has been made above. In this connection the Forum also finds opportunity to go through the plenty nos of documents, specially the xerox copies, filed by the petitioner including the xerox copies of Tax receipts, advocate letter, AM Mokatar Nama, Mutation Certificate, R.S. – ROR, Power of attorney, certificate issued by E.B. Municipality, Registered Deed. Proof of those documents which hit the very rout of acquisition of property and the challenge of the proposal by the present O.P. raised complex question of law and facts. Evidence both oral and documentary will have to be led by both the parties and in that view of the matter this complaint is our view cannot be decided in our summary jurisdiction. In this we are fortified with the decision of the Supreme Court appearing in 2002 C.T.J. 179 (S.C.) (C.P.) = (2002) 2 S.C.C. 1 wherein the Hon’ble Judges have been pleased to observe as under:- “……………. It is obvious that very detailed evidence would have to be led, both to prove the claim and thereafter, to prove the damages and expenses. It is, therefore, in any evident, not an appropriate case to be heard and to be disposed of in summary fashion……………”. In view of discussion held hereinabove and the observations this Forum can safely conclude that this is an appropriate claim for a Civil Court to decide and needless to say that the same has not been filed there and the petitioner is also required to pay proper court fees therefor. To assistance of Consumer Forum, in a case like the present one, is sheer abuse of the process of the Consumer Forum. Hence, Ordered that the application dated 20.03.2007 of the O.P. - Insurance Co. is allowed on contest with no order as to cost. Petition of complaints be returned to the Ld. advocate for taking action from his end. Let the copy of this order be given to both the parties free of cost. Sd/- Sd/- Sd/- Sumana Das A.K. Sinha,10.04.2007 S.K. Chakraborty Member Member President D.C.D.R.F., Malda D.C.D.R.F., Malda D.C.D.R.F., Malda | 
