SBI GENERAL INSURANCE CO. Vs. BABY

JUDGEMENT

(1.) The petitioner herein is a General Insurance Company, and this writ petition is submitted being aggrieved by Ext.P5 order passed by the District Consumer Disputes Redressal Commission, Ernakulam in I.A No.1510/2024 in C.C No.580/2023. The said complaint was submitted by the 1st respondent herein, who obtained an insurance policy from the petitioner, as a private car package policy, in respect of the vehicle purchased by him. On 24/1/2023, the said vehicle hit against an electric transformer owned by the 2nd respondentKerala State Electricity Board Ltd (KSEBL) and the 2nd respondent raised a claim of Rs.68,437.00, based on the estimate prepared by them, as damages.

(2.) According to the 1st respondent/complainant, the vehicle was detained by the KSEBL authorities, and in order to get the vehicle released, he was compelled to pay the said amount. As according to the 1st respondent, the vehicle was covered with a package policy covering the 3rd party risk, including property damage, the 1st respondent approached the petitioner seeking reimbursement of the said amount. As the same was not materialized, a complaint was submitted before the District Consumer Disputes Redressal Forum, Ernakulam by filing C.C No. 580/2023, a copy of which is produced as Ext.P1. In the said complaint, apart from the petitioner, the officer concerned of the KSEBL was also a party. In the aforesaid complaint, I.A No.1510/2024 was submitted by the petitioner, raising the question of jurisdiction and the same was considered by the Consumer Disputes Rederessal Commission as a preliminary issue.

(3.) After hearing all the parties concerned, Ext.P5 order was passed by the District Commission, rejecting the said contention and holding that, the complaint is maintainable under the provisions of the Consumer Protection Act, 2019. This writ petition is submitted by the petitioner challenging the same.