MODERN CARRIERS vs NEW INDIA ASSURANCE CO.

THE short question for consideration is whether the Complainant could be debarred from approaching the District Forum under the Consumer Protection Act if he had approached Civil Court which had no territorial jurisdiction to entertain the cause.

THE complainant is the owner of truck No. PJO-8882 which was insured. THE accident occurred on 7.8.89 which gave a cause to the Complainant who claimed compensation from the Insurance Company. It is not necessary to go to other facts as to whether initially truck was insured as private carrier and subsequently additional premium was obtained for public carrier or that the Insurance Company had issued a cheque for Rs. 4,760/- after applying 25% cut. Suffice it to say that a Civil Suit was filed by the Complainant in the Civil Court at Gidderbaha which was ordered to be returned to be filed in the Court of competent jurisdiction on May 22, 1992. It was thereafter that the present complaint was filed before the District Forum Ludhiana which has been dismissed on the ground that the Complainant had resorted to the remedy of Civil Court. When Civil Court at Gidderbaha had no jurisdiction to entertain the suit, it cannot be held that when such a Civil Suit was filed it could be adjudicated upon on merits. It is of no consequence as far as filing of the complaint under the Consumer Protection Act is concerned. It would have been different if Gidderbaha Civil Court had jurisdiction and on any technical ground, the plaint had been rejected. In the facts stated above, the District Forum could not have rejected the complaint The impugned order is, therefore, set aside and the case is remitted to the District Forum, Ludhiana for disposal according to law. Parties present are directed to appear before the District Forum, Ludhiana on 17.5.95. Order set aside.