State Consumer Disputes Redressal Commission
Satish Dhingra vs Hdfc Standard Life Insurance Co. Ltd. on 12 May, 2011
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision : 12.5.2011 First Appeal 17/2011 (Arising out of the order dated 15.12.2010 passed by the District Forum(North), Tis Hazari, Delhi in complaint case no 560/2010) Shri Satish Dhingra Through his wife Ms. Shakun Dhingra R/o WZ-6A,L-23, Flat No.8, Gali No.15, New Mahavir Nagar, New Delhi 110 018 .........Appellant VS The Manager HDFC Standard Life Insurance Co. Ltd., Branch Office : B 23, Community Centre, Janakpuri, New Delhi 110 050 ..Respondent CORAM Justice Barkat Ali Zaidi, President Salma Noor, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
SALMA NOOR, MEMBER
1. Vide this appeal the appellant is challenging the order of the District Consumer Forum (North) dated 15.12.2010, whereby the complaint filed by him was returned to him for filing before the proper Forum holding that since cases in which cause of action has arisen within the Police Station, Janakpuri, work of which has not been allocated to it by the Notification issued by the Honble Lieutenant Governor, the Forum has no power to entertain the present case. The prayer in this appeal is to quash/set aside that order and for direction to that District Forum to decide the complaint on merits.
2. We have heard the arguments of Shri Mohd. Elahi, Advocate for appellant on the point of admission and have gone through the record.
3. As per record, the appellant filed complaint against the OP who carries on business at Community Centre, Janak Puri, New Delhi. Admittedly there is a District Consumer Dispute Redressal Forum at Janakpuri to entertain and deal with the matters arising within its local limits. It is nowhere case of the appellant that cause of action arose anywhere else. The impugned order has been passed keeping in view the provisions of Law and Notification regarding allocation of work, The appellant has not disclosed any reason for not filing the complaint before the concerned Forum, or for opting to file complaint against the respondent in District Forum (North) instead of District Forum Janakpuri.
4. The sole ground on which this appeal has been filed is that the District Forum wrongly decided the complaint case on the ground of notification published in 1999 and refused to consider order passed by this Com mission in FA No.10/220 decided on 17.3.2010. This ground is misconcerned as the complaint case has not been decided and the authority submitted by the appellant has been considered. Ld. District Forum has however observed that the present controversy centers around work allocation made by Honble L.G., Delhi amongst various Consumer Fora in Delhi by general order. That Notification has been reproduced in the impugned order and reference has also been made to relevant provisions and Rule under which Notification has been issued. The appellant is not disputing the said Notification, nor has he assailed the reasons given by the District Forum for deciding controversy about work allocation amongst various Consumer Fora, on the basis of which the complaint at its threshold/initial stage itself has been ordered to be returned for filing before the proper Forum. It is not shown as to in what manner the appellant has been prejudiced thereby. There is no illegality or irregularity in the impugned order. Merely stating that the order is contrary to Law, facts and equity is of no consequence. The ground that there is no application of the judicial mind is contrary to record which is apparent from the bare perusal of the impugned order itself. There is no other ground
5. For the reasons stated above, we come to the conclusion that this appeal cannot be proceeded with. Therefore, this appeal is rejected.
6. Copy of this order be provided to the parties free of cost and a copy of this order be also sent to concerned District Forum and thereafter this file be consigned to record room.
(Justice Barkat Ali Zaidi) President (Mrs. Salma Noor) Member