RAVI KUMAR Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) Challenge in this Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short "the Act") is to the order dated 12.12.2013 passed by the Tamil Nadu State Consumer Disputes Redressal Commission (in short "the State Commission") in First Appeal No. 568 of 2010. By the impugned order, the State Commission has concurred with the finding of the District Consumer Disputes Redressal Forum , Uthagamandalam (in short "the District Forum") and dismissed the Appeal.

(2.) The first point that falls for consideration in the instant case is whether the State Commission has rightly adjudicated that when the Complainant had already participated in the proceedings before the Insurance Ombudsmen and received an award, he can still file a Complaint before the Consumer Forum. In the instant case the District Forum has dismissed the Complaint on the ground that the Complaint was not maintainable as the Complainant had already availed the remedy by approaching the Insurance Ombudsmen. Having regard to the catena of judgements of the Hon'ble Supreme Court, we are of the considered view that the decision of the Ombudsmen is not binding on the Complainant and therefore the Complaint preferred is maintainable under Section 2 (1)(d) of the Act.

(3.) The State Commission has rightly observed that under Section 3 of the Act, the reliefs available to the Consumer are in addition to and not in derogation of any other law for the time being in force.