State Consumer Disputes Redressal Commission
The Divisional Manager, The New India ... vs Mrs. Bharati Basak on 6 August, 2008
This is an application u/s State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO.RC/08/52 DATE OF FILING:09.7.2008 DATE OF FINAL ORDER:06.8.2008 APPELLANTS 1) The Divisional Manager The New India Assurance Co. Ltd. Madhusudan Apartment P-18, Dobson Lane, 2nd Floor Howrah 711 101 2) Branch Manager New India Assurance Company Ltd. Jalpaiguri Branch Race Course Para, Vivekananda Mini Market Jalpaiguri RESPONDENT Mrs. Bharati Basak Vill Gokulnagar P.O.- Promod Nagar, P.S.- Falakata Dist.- Jalpaiguri PROFORMA/RESPONDENT 1) Manager Golden Trust Financial Services Birpara Branch, Birpara Bus Stand P.O. & P.S. Birpara Dist.- Jalpaiguri 2) Manager Golden Trust Financial Services G.T.F.S. Howrah Motors Building Burdwan Road, Opp. Jalpaiguri Bus Stand P.O. & P.S. Siliguri Dist.- Darjeeling BEFORE : HONBLE JUSTICE MR. A. CHAKRABARTI, PRESIDENT MEMBER : MRS. S. MAJUMDER FOR THE APPELLANTS : Mr. N.R. Mukherjee, Advocate FOR THE RESPONDENTS : Mr. P.R. Sinha Sarkar, Advocate : O R D E R :
HONBLE JUSTICE MR. A. CHAKRABARTI, PRESIDENT This is an application u/s.27A read with Section 17b of the Consumer Protection Act, 1986 praying for quashing of the execution proceeding and for setting aside the impugned order along with other interlocutory reliefs.
The Respondent No.1 filed his complain before the District Forum in Jalpaiguri stating that her husband Dinobandhu Basak had taken Janata Personal Accident Insurance Policy for Rs.1 lakh which was valid from 23.3.2000 to 22.3.2005. On 17.3.2003 the husband of the complainant became a victim of motor accident and died. Claim was lodged. The same having not been settled in favour of the claimant, she filed the complain before the Forum.
The Forum by its judgment dated 10.4.2007 allowed the claim. The appeal preferred by the OPs before the State Commission was also dismissed by the State Commission on 24.6.2008. The complainant filed execution proceeding No.06 of 2007 during the pendency of the appeal. The judgment debtor entered appearance in the execution proceeding and being aggrieved by order dated 07.11.2007 issuing warrant of arrest against the petitioners, moved the present application.
Heard the Ld. Advocate for the petitioner and the Ld. Advocate for the Respondent/Complainant.
The contention of the petitioners is that there was no notice issued against the two petitioners by name directing them to appear in person before the trial Forum nor any show-cause notice was issued against them by name. It is also stated that the liability of the Insurance Company is not the personal liability of either of the petitioners.
The contention of the OP appears to be that appeal having been dismissed, the judgment debtors are required to make payment in terms of the judgment of the District Forum since affirmed by the State Commission.
The Ld. Advocate for the petitioners referred to judgment in the case of Union Bank of India-Vs-M/s. Seppo Rally OY reported in 1999(8) Supreme 200 contending that the Apex Court did not approve of exercise of jurisdiction by the Forum concerned when no part of the cause of action had arisen within the jurisdiction of the said Forum. Reliance was placed on the judgment in the case of Indian Airlines Corporation-Vs-Consumer Education and Research Society, Ahmedabad reported in 1992(1) CPR 4 wherein the Honble National Commission held that a State Commission cannot validly entertain a complaint in a case where no part of the cause of action has arisen within its territorial jurisdiction merely because the OP was having a Branch Office within the territory of the concerned State.
Reliance was also made on the judgment in the case of Kishorilal Ghosi-Vs-Rajkumar Samaiya reported in 1993(1) CPJ 470 in support of the proposition that a District Forum cannot hold an employee of Electricity Board personally responsible for disconnection of electric supply of the complainant nor can direct him personally to pay compensation to the complainant. It was held that a complaint about deficiency could only be made against a person who has entered into a contract or has otherwise undertaken to provide the service and in that case the contract was with MP Electricity Board.
Relying on the aforesaid judgments the Ld. Advocate for the petitioners contended that the petitioners could not be compelled to appear in the execution case nor could be arrested for non-appearance.
Considering the contentions of the parties we find from order dated 07.11.2007 that in the present case warrant was issued against the petitioners in view of the fact they were directed to appear before the Forum below in the execution proceeding and the said direction was not complied by the petitioners.
The law as contained in Section 27 of the Consumer Protection Act provides that when a party fails to comply with any order made by the District Forum, such party shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with both. The District Forum has been given the power of a Judicial Magistrate of the first class for the trial of offences under the said Act. Therefore when the petitioners were directed to appear and the said order was not complied with, warrant of arrest could be very well issued. Moreover, it appears this was not a case where territorial jurisdiction was exercised by reason of location of the Branch of the Insurer but because a part of the cause of action arising within the jurisdiction of the Forum below.
Such question on facts having not been raised in the original proceeding, cannot be entertained at this stage when prima facie the jurisdiction appears to be there.
Therefore, the law cited by the petitioners do not help them.
In above view of the findings there is no ground to interfere with the impugned order. Revision Petition is therefore dismissed. There will be no order as to costs.
(S. Majumder) (Justice A. Chakrabarti) MEMBER (L) PRESIDENT