State Consumer Disputes Redressal Commission
Reliance General Insurance Co. Ltd. vs Sh. Ajmer Singh. & Anr. on 26 September, 2019
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
Misc. Application No.: 132/2019
First Appeal No. : 94/2018
Date of Presentation of M.A: 14.03.2019
Order reserved on M.A: 03.07.2019
Date of Order on M.A : 26.09.2019
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The Reliance General Insurance Company Ltd. Rain Basera
Building 1st Floor Khalini Shimla H.P. through its Manager Legal
SCO 147-148 2nd Floor Madhya Marg Sector 9-C Chandigarh-
160009.
...... Applicant/Appellant/Opposite party No.1
Versus
1. Ajmer Singh son of Shri Kabal Singh resident of Village
Dehlan Tehsil and District Una (H.P).
......Non-applicant No.1/Respondent No.1/Complainant
2. Abhishek Sharma son of Inderjit Sharma resident of Village
and Post Office Dangoli Tehsil and District Una (H.P) Office
and extension branch C/o. Ram Saran Complex Opposite
New Bus Stand Una (H.P).
......Non-applicant No.2/Proforma Respondent/Opposite party No.2
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Ms. Sunita Sharma Member
Whether approved for reporting?1 Yes.
For Applicant : Mr. Jagdish Thakur Advocate.
For Non-applicant No.1 : Mr. Atul Verma vice Mr. Gaurav
Gautam Advocate.
For Non -applicant No.2 : None.
JUSTICE P.S. RANA (R) PRESIDENT:
O R D E R :-
1. Present order shall dispose of application filed by Reliance General Insurance Company for deleting name of co- 1 Whether reporters of the local papers may be allowed to see the order? Yes. Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018 respondent No.2 Shri Abhishek Sharma from memo of parties in F.A. No.94/2018 titled Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
Brief facts of matter :-
2. Shri Ajmer Singh filed consumer complaint No.72/2016 against opposite parties pleaded therein that vehicle No.HP-20D-2283 was insured with Insurance company w.e.f. 16.03.2015 to 15.03.2016 through opposite party No.2. It is pleaded that vehicle in question met with accident on dated 16.07.2015 near Khanpur. Learned District Consumer Forum/ Commission allowed consumer complaint filed by Shri Ajmer Singh and ordered Reliance General Insurance company to pay Rs.300000/-(Three lac) to complainant alongwith interest @ 9% per annum from date of filing of complaint till actual payment. In addition Learned District Consumer Forum/Commission ordered that Insurance company would pay punitive compensation to complainant to the tune of Rs.4000/-(Four thousand). In addition Learned District Consumer Forum/Commission ordered Insurance company to pay litigation costs to complainant to the tune of Rs.5000/-(Five thousand).
3. Feeling aggrieved against order passed by Learned District Consumer Forum/Commission Reliance General Insurance Co. Ltd. filed F.A. No.94/2018. Reliance General 2 Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018 Insurance Co. Ltd. also filed M.A. No.132/2019 for deleting name of Shri Abhishek Sharma from memo of parties in F.A. No.94/2018 on the ground that as per Insurance policy agent of Insurance policy was Ms. Shashi Bala and agent of Reliance General Insurance Co. Ltd. was not Shri Abhishek Sharma.
4. Per contra response filed on behalf of non- applicant No.1 pleaded therein that Non-applicant No.1/complainant has insured vehicle in question through Shri Abhishek Sharma and Shri Abhishek Sharma is necessary party in present appeal for effective disposal of appeal. It is pleaded that service of Shri Abhishek Sharma could be effected in appeal by way of publication in newspaper by way of alternative mode of service. Prayer for dismissal of application sought.
5. We have heard learned Advocates for applicant and non-applicant No.1 and also perused the entire record carefully.
6. Following points arise for determination in present application.
1. Whether application filed by Reliance General Insurance Company Ltd. for deletion of name of co- respondent No.2 namely Shri Abhishek Sharma in F.A. No.94/2018 is liable to be accepted as mentioned in memorandum of ground of application and whether Shri Abhishek Sharma is necessary party in order to dispose of F.A. No.94/2018 properly & effectively and to impart substantial justice inter se parties and whether dispute inter se parties is bilateral in nature or tripartite in nature?
3Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018
2. Final order.
Findings upon point No.1 with reasons:
7. Submission of learned Advocate appearing on behalf of Reliance General Insurance Co. Ltd. that Shri Abhishek Sharma has been impleaded as proforma co-
respondent No.2 in F.A. No.94/2018 and on this ground application filed by applicant be allowed is decided accordingly. Non-applicant No.1 Shri Ajmer Singh has specifically mentioned in original consumer complaint No.72/2016 that vehicle in question was insured through Shri Abhishek Sharma. Even in affidavit filed by Shri Ajmer Singh annexure-C1 in evidence in original consumer complaint No.72/2016 there is positive recital that vehicle in question was insured through Shri Abhishek Sharma. State Commission is of the opinion that in view of above stated facts cited supra Shri Abhishek Sharma co-respondent No.2 is necessary party in F.A. No.94/2018 for disposal of appeal because active involvement of Shri Abhishek has been pleaded in original consumer complaint No.72/2016 by complainant.
8. State Commission is of the opinion that simply mentioning name of Shri Abhishek as proforma respondent in appeal filed by Reliance General Insurance Company is not 4 Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018 sufficient to delete name of Shri Abhishek in appeal because Sh. Abhishek has not been impleaded as proforma opposite party in original consumer complaint by complainant but has been impleaded as independent co-opposite party with personal allegation that Insurance policy in question was obtained through Sh. Abhishek Sharma. Shri Abhishek has not filed any application to delete his name from F.A. No.94/2018. Present dispute is not bilateral in nature but present dispute is tripartite in nature. It is well settled law that appeal is continuation of consumer dispute.
9. Submission of learned Advocate appearing on behalf of Reliance General Insurance Co. Ltd. that as per Insurance policy Miss Shashi Bala is agent of Reliance General Insurance Co. Ltd. and Shri Abhishek Sharma was not agent of Insurance company and he is not necessary party in F.A. No.94/2018 and on this ground application filed by applicant be allowed is decided accordingly. It is held that necessary party is one without whom no order could be passed. In the present matter complainant Shri Ajmer Singh has specifically mentioned in original consumer complaint No.72/2016 that Insurance policy was obtained by complainant through Shri Abhishek Sharma. Even in his affidavit he has mentioned that Insurance policy was obtained through Shri Abhishek Sharma. In the present matter there are direct allegation against Shri Abhishek Sharma that 5 Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018 Insurance policy was obtained by complainant through Shri Abhishek Sharma. In view of direct allegation against Shri Abhishek Sharma it is held that Shri Abhishek Sharma is necessary party for disposal of F.A. No.94/2018 properly and effectively and to impart substantial justice inter se parties. See 2018(2) Supreme Court Cases 352 titled Kanaklata Das & others Versus Naba Kumar Das & others.
10. Submission of learned Advocate appearing on behalf of non-applicant No.1/complainant that Shri Abhishek Sharma is necessary party in F.A. No.94/2018 and on this ground application filed by applicant be dismissed is decided accordingly. Active participation of Shri Abhishek pleaded in original consumer complaint for obtaining Insurance policy from Reliance General Insurance Co. Ltd. Shri Abhishek has not refuted alleged fact by way of filing version. As per order sheet of Learned District Consumer Forum/Commission dated 19.07.2016 Shri Abhishek has refused to receive notice in original consumer complaint No.72/2016. Shri Abhishek is necessary party for State Commission to effectually and completely adjudicate appeal and settle all the questions involved in F.A. No.94/2018. Dispute inter se parties is tripartite in nature. Dispute inter se parties is not bilateral in nature. In view of above stated facts State Commission is of the opinion that it is not expedient in the ends of justice and 6 Reliance General Insurance Co. Ltd. Versus Ajmer Singh & Anr.
M.A. No.132/2019 in F.A. No.94/2018 on the principles of natural justice to delete name of Shri Abhishek Sharma from memo of parties in F.A. No.94/2018. Point No.1 is decided accordingly.
Point No.2: Final Order
11. In view of findings upon point No.1 application filed for deleting name of co-respondent No.2 Shri Abhishek Sharma from memo of parties in F.A. No.94/2018 is dismissed. Observation shall not effect merits of F.A. No.94/2018 in any manner. It be tagged with main appeal file after due completion. M.A. No.132/2019 is disposed of.
Justice P.S. Rana (R) President Sunita Sharma Member 26.09.2019 K.D 7