GODREJ PACIFIC TECHNOLOGY LTD Vs. ELBEE BUSINESS EXPRESS

JUDGEMENT

(1.) complaint herein has been filed in the year 1999. However, same remained to be processed as required under Rules. Today this matter is kept on Board under the caption of admission hearing and as per intimation given, the above named employee on behalf of complainant is present.

(2.) ON perusal of the pleadings of the complaint it is noticed that the claim is based on letter of subrogation as recently held by the Supreme Court in the case of M/s. Oberai Forwarding Agency V/s. New India Assurance Co. Ltd., 2000 1 JT 508, claims based on the strength of subrogation are not amenable to the jurisdiction of Consumer Fora. Hence we order return of the complaint to the complainant for pursuing remedy if they desire before appropriate Forum.

(3.) AS the original complainant No.1 informs that there is change in the constitution of complainant No.1 the changed name of complainant No.1 is Tech Pacific (India) Ltd. We clarify since we are ordering return of the complaint to the complainant. It will be open to the complainants to seek appropriate direction in that behalf. ORDER 1. It is held that in view of judgment of Supreme Court in the case of M/s. Oberai Forwarding Agency V/s. New India Assurance Co. Ltd., 2001 1 CPJ 7, the complaint as filed is not maintainable before this Commission.2. We, therefore, order return of the complaint to the complainant for pursuing his remedy before appropriate Forum, if so desired and if permissible under the State.3. Registry shall return the complaint proceedings to the complainant on 6.5.2004 and shall retain one set of complaint with it.4. Complainant or his authorised representatives shall arrange to receive the same without fail.5. Six weeks time thereafter will be available to the complainant to approach appropriate Forum.6. It is clarified that the complainant will be entitled to the benefit available under Sec.14 of Limitation of Act.6. Office to furnish copies of the order to the parties. Complaint returned.