KAMALJIT KAUR Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This is an appeal filed against order dated 3.2.2004 passed by District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.90 of 2002 vide which the appellant/complainant was relegated to her remedy to approach Civil Court of competent jurisdiction for redressal of his grievances on the ground that the complaint in dispute has been contested by the respondents/o. Ps. on the plea of the policy in question being obtained by practising fraud and the allegation of fraud could not be ajdudicated in the summary jurisdiction given to the District Forum under the provisions of the Consumer Protection Act, 1986 (for short hereinafter referred to as the C. P. Act ).

(2.) The learned Counsel for the appellant in the first place contended that the plea of fraud, forgery and other serious illegalities and irregularities have been taken by the respondents/o. Ps. in the written statement with a view to oust the jurisdiction of the District Forum and the same have been categorically denied and it is urged that these pleas could very well be adjudicated by the District Forum even in exercise of summary jurisdiction given to it under the provisions of the C. P. Act as ruled by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter referred to as the National Commission) in the case of Dr. J. J. Merchant and Ors. V/s. Shrinath Chaturvedi, 2002 3 CPJ 8 .

(3.) The learned Counsel for the appellant, however, could not substantiate his argument from the material placed on record that the aforesaid pleas have been taken only with a view to oust the jurisdiction of the Consumer Dispute Redressal Agencies. The learned Counsel for the appellant also could not cite any authority laying down a proposition that these pleas of fraud, forgery and other serious illegalities and irregularities, as alleged by the respondents/o. Ps. could be adjudicated in the summary jurisdiction given to the Consumer Disputes Redressal Agencies under the provisions of the C. P. Act.