NATIONAL INSURANCE CO LTD Vs. MOHAN PRASAD

JUDGEMENT

(1.) This application in revision has been filed against order dated 21st August, 1991 passed by the District Forum, Samastipur in complaint case No.6 of 91 rejecting the plea taken by the petitioner here who is opposite party before this Commission that the complaint of the complainant before the District Forum who is respondent before this Commission is not maintainable and hence it should be dismissed at its very thresh hold.

(2.) The facts of the case for the disposal of this application may be briefly stated. The complainant who is the owner of a shop had got his goods ensured with the opposite party National Insurance Company. There was a theft in his shop and goods worth Rs.5,467.10 were stolen away and, there fore, the complainant lodged the claim before the opposite party, Insurance Company for Rs.51,000.00. But the opposite party Insurance Company did not pay the claim made by the complainant in spite of several reminders by the complainant. Hence the complainant filed a complaint case before the District Forum, Samastipur alleging deficiency of service on the part of the opposite party-Insurance Company in respect of the claim put forth by the Company.

(3.) On notice being issued to the opposite party, the Insurance Company appeared and challenged the very maintainability of the complaint petition before the District Forum on the ground that as the Insurance Company has repudiated the claim made by the complainant, no complaint petition in respect thereof could be entertained by the District Forum. The learned counsel for the petitioner appearing before this Commission has taken this plea before this Commission also. But we are not inclined to accept this submission of the opposite party and we are of the opinion that this plea taken by the opposite party before the District Forum has been rightly rejected by the District Forum.