CAPT. NAGINA SINGH ATWAL vs National Insurance Co. Ltd.

THIS is an appeal directed against order dated 4.10.2002 passed by District Consumer Disputes Redressal Forum-I [for short hereinafter referred to as the District Forum] vide which the National Insurance Company Limited [for short hereinafter referred to as the Insurance Company was apprised of the complaint filed by the appellant/complainant Capt. N.S. Atwal (Retd.) and to adjudicate the claim of the complainant expeditiously and preferably within three months of supplying of the documents.

THE appellant filed the complaint alleging inter alia that he got his vehicle insured with the respondents-Insurance Company. THE policy issued by the Insurance Company was effective from 21.12.2000 to 20.12.2001. During the period aforesaid, the vehicle insured was stolen and a claim was lodged with the respondents-Insurance Company seeking the indemnification of the loss. THE grievance of the complainant was that the loss had not been adjudicated by the Insurance Company despite sufficient time already lapsed. It appears that the complaint was disposed of in limine and notice had not been issued to the respondents. Consequently, there was no version of the respondents before the District Forum and the District Forum did not consider the complaint on the basis of the averments of deficiency in service as alleged in Para 8 of the complaint, which runs as under : "8. That by delaying the settlement of the claim and repeatedly by calling the complainant who is a senior citizen and humiliating and misbehaving with him, the opposite party has committed deficiency in service and, therefore, are liable to be paid the claim amount with interest along with the compensation of Rs. 50,000/-."

It may be mentioned that the complaint case filed by the appellant was to be decided under the provisions of the Consumer Protection Act, 1986 [for short hereinafter referred to as the C.P. Act] by adjudicating upon the averments made in the complaint and as per the procedure laid down in Section 13 of the C.P. Act. Once the complaint was entertainable and maintainable before the District Forum under the provisions of C.P. Act, the same was to be adjudicated upon as per the provisions laid down under Section 13 of the C.P. Act and the same could not be dismissed or disposed of in limine in the manner in which the District Forum has done so vide impugned order. A perusal of Section 13 of the C.P. Act clearly provides that a copy of the complaint is to be sent to the O.P. for his written statement/reply denying or disputing the averments made in the complaint case or admitting the same and thereafter, the case is to be adjudicated upon. The complainant clearly alleged deficiency in service on the part of respondents-Insurance Company by alleging that they delayed the settlement of the claim and repeatedly called the complainant, a senior citizen to the office and humiliating and misbehaving with him and has thus committed deficiency in service. Such an allegation had to be admitted or disputed or denied by the respondents and the same could only be done when the notice had been issued enclosing therewith copy of the complaint to the respondents.

THE definition of "consumer dispute" as contained in Section 2(1)(e) of the C.P. Act clearly shows that "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. In our considered opinion, the District Forum went wrong in disposing of the complaint vide the impugned order without even entertaining the same and adjudicating it in accordance with the procedure settled under Section 13 of the C.P. Act. Resultantly, the appeal has been considered on merit and is allowed. The impugned order is set aside. The complaint case is remanded to the District Forum-I, U.T., Chandigarh for disposal according to law and keeping into consideration the directions issued by the Hon''ble Apex Court in the case of Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi, III (2002) CPJ 8 (SC)=IV (2002) SLT 714=2002 CTJ 757 (Supreme Court). The parties are directed to appear from the District Forum-I, U.T., Chandigarh on 13.2.2003. Copies of this order be sent to the parties free of charge. Appeal allowed.