Cci Chambers Co-Op. Hsg. Society Ltd vs Development Credit Bank Ltd on 29 August, 2003
9. From the above facts and evidences on record the complainant has
admittedly nominee of the deceased insured but other evidences on record
prima-facie show that deceased Rajesh Singh was married to Sangita Devi who is
alive and she has married to his younger brother after his death. In view of
the denial by the complainant that Sangita Devi is not wife of deceased
insured, a detail evidence is required to prove this fact which is not
available on record nor it is possible in a summary proceeding. In such cases
long list of witnesses are to be examined and cross-examined. Therefore, we are
of the view that the District Forum has rightly held that the issue in dispute
is not possible to be decided in the complaint case under the C.P. Act but it
can only be decided before the proper forum, i.e. Civil Court. The Apex Court
in a case CCI Chamber Vs. Development Credit Bank reported in 2003 (4) PLJR SC
page 194 held that Consumer Fora have
been constituted with the avowed object of providing summary and speedy remedy
in conformity in the principle of natural justice. The Apex Court held that the
question whether a consumer to approach the Civil Court or it may be decided by
the Fora is to be determined is whether the question, though complicated they
may be, are capable of being determined
by summary enquiry. As stated above the dispute in view of the two
different pleadings by the complainant and O.P. we are of the view that the
Forum is not capable in deciding the question whether Sangita Devi is legal
wedded wife of deceased insured Rajesh
Singh. This fact can only be decided on the basis of both oral and documentary
evidences in a long and complicated proceeding. The O.P. has also alleged that
the death of Rajesh Singh has become doubtful and the entire claim of the
complainant appears to be forged and fabricated. Therefore, these questions are
also to be decided in this proceeding which is not possible before the Fora in
a summary proceeding. As such, the finding arrived at by the District Forum
that these matters can only be decided by a proper Forum, i.e., Civil Court is
correct and it does not require our interference.