State Consumer Disputes Redressal Commission
Smt. Pooja Sharma. & Ors. vs Manager, Icici Lombard Ltd. on 14 June, 2018
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
First Appeal No.: 291/2017
Date of Presentation: 18.11.2017
Order Reserved On : 18.04.2018
Date of Order : 14.06.2018
......
1. Pooja Sharma Wd/o. late Shri Bharat Bhushan R/o. Village
Sandoha P.O. Shalla Tehsil Chachyot District Mandi H.P.
aged 25 years.
2. Priyanshi Sharma D/o. late Shri Bharat Bhushan R/o. Village
Sandoha P.O. Shalla Tehsil Chachyot District Mandi H.P.
aged about 4 years minor through natural guardian i.e.
complainant No.1 Mother.
3. Nirmala Devi wife of Shri Om Parkash R/o. Village Sandoha
P.O. Shalla Tehsil Chachyot District Mandi H.P. aged about
48 years.
...... Appellants/complainants
Versus
The Manager ICICI Lombard Ltd. B.O. Thanehara Muhalla
Sahib Complex Mandi District Mandi H.P.
......Respondent/Opposite party
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Mr. Vijay Pal Khachi Member
Whether approved for reporting?1 Yes.
For Appellants : Mr. Chetan Viraj Sharma Advocate.
For Respondent : Ms. Savrata Sood vice Mr. Jagdish
Thakur Advocate.
JUSTICE P.S. RANA (R) PRESIDENT:
O R D E R:-
1. Present appeal is filed against order dated 24.10.2017 passed in consumer complaint No.269/2017 1 Whether reporters of the local papers may be allowed to see the order? Yes.
Pooja Sharma & Ors. Versus Manager ICICI Lombard Ltd.
(F.A. No.291/2017) whereby learned District Forum Mandi dismissed the consumer complaint in default at office report stage. Brief facts of Consumer Complaint:
2. Complainants Pooja Sharma and others filed consumer complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant No.1 is the widow of late Shri Bharat Bhushan and complainant No.2 is minor daughter of late Bhagat Bhushan aged about 4 years and Nirmala Devi is the mother of late Shri Bharat Bhushan who died on 21.11.2016 in motor vehicle accident of car having registration No.HP-32B 2450 near Bajrohru Chail Chouk Jachh road when deceased was driving the car as owner cum driver. It is pleaded that FIR No.171/2016 was also registered at police station Gohar and postmortem of deceased was conducted. It is further pleaded that complainants are legal heirs of deceased. It is pleaded that at the time of accident vehicle was insured with the opposite party for a sum of Rs.288670/-(Two lac eighty eight thousand six hundred seventy) and premium of Rs.100/-(One hundred) was also paid for personal accident risk. It is pleaded that deceased was insured under personal accident policy to the tune of Rs.200000/-(Two lac). It is further pleaded that complainant submitted claim form before opposite party and legal notice was also issued. It is further pleaded that 2 Pooja Sharma & Ors. Versus Manager ICICI Lombard Ltd.
(F.A. No.291/2017) opposite party repudiated the personal accident claim of deceased and committed deficiency in service. Complainants sought relief of payment of Rs.200000/-(Two lac) alongwith interest @ 12% per annum from the date of accident till realization. In addition complainants also sought relief of payment of Rs.20000/-(Twenty thousand) as compensation. In addition complainants also sought costs of complaint.
3. Learned District Forum did not issue notice to the opposite party and dismissed the consumer complaint at the stage of office report. Feeling aggrieved against order passed by learned District Forum complainants filed present appeal before State Commission.
4. We have heard learned advocate appearing on behalf of parties and we have also perused entire record carefully.
5. Following points arise for determination in present appeal.
1. Whether appeal filed by complainant is liable to be accepted as mentioned in memorandum of grounds of appeal.
2. Final order.
Findings upon point No.1 with reasons:
6. Submissions of learned advocate appearing on behalf of appellants that learned Advocate engaged by appellants could not attend proceedings before learned 3 Pooja Sharma & Ors. Versus Manager ICICI Lombard Ltd.
(F.A. No.291/2017) District Forum on 24.10.2017 because mechanical problem occurred in the vehicle of Advocate at Thunag and on this ground appeal be allowed is decided accordingly. It is proved on record that learned District Forum has dismissed the consumer complaint at the stage of office report. Order of learned District Forum is quoted in toto :-
24.10.2017 Present: None for the complainants.
Office report seen. It be registered.
Case called repeatedly at intervals before and after lunch hours but none has appeared on behalf of the complainants despite due knowledge of the date of hearing for today. It is 2.50 P.M. Thus the present complaint is dismissed in default. Parties to bear their own costs. Copy of this order be supplied to the parties free of cost as per the rules. File after its due completion be consigned to Record Room.
Sd/-
President.
Sd/- Sd/-
Member Member
7. It is proved on record that one of co-complainant is Priyanshi Sharma minor aged 4 years. It is also proved on record that consumer complaint was filed before learned District Forum through Advocate. It is well settled law that widow of deceased, mother of deceased and minor daughter of deceased aged 4 years could not be penalized for the fault of Advocate. See 1994(2) CPC 197 NC title Life Insurance Corporation of India & Anr. Versus Consumer Education & Research Society and others. See 2003(III) CPJ 26 NC 4 Pooja Sharma & Ors. Versus Manager ICICI Lombard Ltd.
(F.A. No.291/2017) Eicher Tractor Ltd. Versus Chitranjan Prasad & others. In view of the fact that one of the co-complainant is minor and in view of the fact that District Forum & State Commission are ipso facto custodian of interest of minor State Commission is of the opinion that it is expedient in the ends of justice and on the principle of natural justice to restore consumer complaint to its original number.
8. Submission of learned Advocate appearing on behalf of opposite party that absence of complainants and their advocate before learned District Forum was intentional and not bonafide and on this ground appeal filed by appellants be dismissed is decided accordingly. State Commission is of the opinion that no prejudice will be caused to opposite party if the complaint is restored to its original number because complaint was dismissed in default at the stage of office report only by learned District Forum. State Commission is of the opinion that due opportunity will be given to opposite party to file version before learned District Forum and to adduce evidence by way of affidavits in accordance with law. Keeping in view the interest of minor Priyanshi Sharma aged 4 years it is expedient in the ends of justice and on the principle of natural justice to restore original complaint to its original number. In view of the above stated facts point No.1 is answered accordingly. 5
Pooja Sharma & Ors. Versus Manager ICICI Lombard Ltd.
(F.A. No.291/2017) Point No.2: Final Order
9. In view of findings upon point No.1 appeal is allowed and order of learned District Forum dated 24.10.2017 announced in consumer complaint No.269/2017 is set aside and complaint is restored to its original number. Costs is not imposed keeping in view the fact that Priyanshi Sharma co-complainant No.2 is minor and keeping in view fact that no notice was issued to opposite party by learned District Forum. Parties are directed to appear before learned District Forum Mandi on date 26.06.2018. Learned District Forum will dispose of consumer complaint within a period of two months after receipt of file in accordance with law because proceeding under Consumer Protection Act 1986 are time bound proceedings. Parties are left with to bear their own costs before State Commission. File of learned District Forum alongwith certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of cost strictly as per rules. Appeal is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Vijay Pal Khachi Member 14.06.2018 K..D 6