B L AGARWAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The Insurance Company has by its order dated 21st May, 1992 repudiated in toto the claim of the insured. The said communication sets out in detail the reasons which have weighed with the Insurance Company for repudiating the claim. In our opinion, it cannot be said that while passing the said order, the Insurance Company has not applied its mind to the relevant facts and circumstances. Whether the reasons stated are right or wrong, is not a matter on which we wish to express any opinion because that is such a matter which can be decided by a competent Court before which it will be open to the complainant to challenge the said order. We dismiss the complaint petition on the ground that this is not a case where any deficiency in service on the part of the Insurance Company is made out so as to entitle the complainant to seek any relief under the Consumer Protection Act. The Original Petition is dismissed but we make it clear that such dismissal will not operate to the prejudice of the complainant in the matter of his pursuing other remedies. No costs.