DABUR INDIA LTD Vs. HARPREET SINGH OBEROI

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 04.07.2012, passed by the Punjab State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 1250/2007, "Oriental Insurance Co. Ltd. & Ors. versus Harpreet Singh Oberoi", vide which the order dated 19.07.2007, passed by the District Consumer Disputes Redressal Forum, Jalandhar, allowing the said complaint, was ordered to be modified.

(2.) Brief facts of the case are that the complainant/respondent no. 1, Harpreet Singh Oberoi was working as sales representative with OP-3, Mirasu Mkt. Ltd., Mumbai at Jalandhar (Now Dabur India Ltd., the petitioner). OP-3 purchased a personal accident insurance policy from the present petitioner with Policy No. 121300/42/2004/180. The complainant met with an accident on 07.06.2004 and received injuries on his body. He remained admitted in the hospital till 13.06.2004. The matter was reported to the local police and an FIR was registered at Police Station Adampur, District Jalandhar. Even after his discharge from the hospital, the complainant continued to be under treatment and as stated by him, he suffered 50% disability. The complainant filed insurance claim with the petitioner and presented the necessary documents, like bills, prescription slips, payment receipts etc. demanding a sum of Rs. _1,85,000/-. As stated in the complaint filed before the District Forum, it was alleged that the petitioners/OP had neither settled the claim nor sent any reply to him. The complainant sought direction to the respondents/OPs to make payment of Rs. 1,85,000/- alongwith interest @9% p.a. and also compensation of Rs. 7,000/- as litigation expenses.

(3.) In their reply filed before the District Forum, OP-3 Mirasu Mkt. Ltd. stated that the complaint was not maintainable against them as there was no contract between the complainant and OP-3. OP-3 had written many letters to the complainant to pursue his case and supply documents to the insurance company. OP-3 further maintained that the complainant was not a consumer, vis-a-vis, OP-3. Further, the complainant used to work at Mumbai and hence, the District Forum at Jalandhar had no jurisdiction to take cognisance of the matter. The present OP 1 & 2 also filed their written version before the District Forum saying that the necessary documents were not supplied by the complainant to them and hence, the claim could not be decided. The District Forum after taking into account the evidence of the parties, directed vide their order dated 19.07.2007 that the Insurance Company should pay the claim amount of Rs. 1,85,000/- to the complainant, while OP-3, the employer should pay interest @9% p.a. on the amount of the claim and should also pay Rs. 5,000/- as compensation for non-supply of documents in time and Rs. 3000/- as cost of litigation.