KAMLESHWARI PRASAD SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Question involved in this revision application is whether Consumer Fora has jurisdiction to decide a matter which has already been decided by 'Ombudsman' appointed under the Redressal of Public Grievances Rules, 1998 framed under Sub-section (1) of Section 114 of the Insurance Act, 1938.

(2.) The aforesaid question requires to be decided in the light of the complaint filed by the petitioner to recover the loss suffered by him because of the insured vehicle, a bus, which fell into the river and swept away on 22.7.1997 when it was on its way from Giridh to Dumka because of tyre burst and steering failed on a bridge over river Ushri in State of Bihar. In that complaint a preliminary contention was raised by the Insurance Company that against the repudiation of the claim the complainant filed Complaint No. 49/8/NL/2000-2001 before the Insurance Ombudsman and the same was rejected after considering the evidence in detail, hence the complaint before the District Forum under Consumer Protection Act was not maintainable.

(3.) The contention raised by the Insurance Company was rejected by the District Forum by its order dated 2.9.2003.