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Judgment
THE Complainant, a registered firm, insured the stocks of paper and stationery belonging to the firm situated in a shop-cum-godown at Rajamundry, East Godavari District with the New India Assurance Company Limited. THE policy was issued on 23.2.1984. In a fire accident, according to the complaint, that took place on the same day at about 8.00 P.M. the entire stationery and other articles kept by the insured, were gutted in the fire. THE complainant filed a suit O.S. No. 25 of 1985 in the Subordinate Judge''s Court, Rajamundry claiming a sum of Rs. 3,98,046.00 against the Insurance Company, being the loss and damage suffered by him on account of the fire. Subsequently during the pendency of the suit, he filed the present Consumer Dispute number 12 of 1990 before this Commission claiming a sum of Rs. 8,02,287.00 with future interest at 18% per annum on the claim of Rs. 3,98,046.00 from the respondent, that is, the Regional Manager, the Divisional Manager and the Branch Manager of the Insurance Company jointly and severally. THE complaint was filed on 28.2.1990.
SHRI S.V.R.S. Somayajulu, the learned Counsel for the respondents invited our attention to the decision of a Division Bench Judgment of the A.P. High Court in Dr. A.S. Chandra v. Union of India in W.A. No. 1402 of 1991 and batch (Page No. 81 to 83) of short notes of recent cases reported in 1992 (1) A.P.L.J. dated 27.5.1992, wherein the Division Bench held: "....that the creation of additional forums under the Act was conceived of in the interest of general public for expeditious and effective adjudication of complaints instead of driving the effected parties to the time consuming process of Civil Actions in regular Civil Courts. The additional forum is not a parallel forum. The claimant must choose one of the two forums and not both........"
In the instant case, from the aforesaid facts, it is clear that before filing of the complaint in this forum, the complainant availed the remedy of filing a suit in a Civil Court even in 1985 and the same is pending disposal. Following the aforesaid Division Bench Judgment, we hold that this complaint is not maintainable, as the complainant has already filed a Civil Suit for recovery of the damages said to have been suffered on account of the fire accident. It is also submitted by Sri S.V.R.S. Somayajulu that the fire accident took place on 23.2.1984. The complaint is filed on 28.2.1990. The same is barred by limitation under the Law of Torts. The aforesaid Division Bench also held that in such case the forums created under the A.P. Consumer Protection Act, 1986 cannot grant the relief. For all the aforesaid reasons, the complaint is devoid of merits and accordingly dismissed. No costs. Complaint dismissed. _________________