( Delivered by Shri M. G. Chilbule, Hon’ble President)
ORDER BELOW EXH.1
1. Heard Mr. K. D. Dehpande the learned counsel for the applicant United India Insurance Company Ltd. on the point of tenability of the present application under section 27 of the Consumer Protection Act 1986. He has submitted that this forum in CC/12/63 Jahid Baig Mirza Mugal Baig Mirza Vs United India Insurance Company Ltd., Gondia passed order on 15/1/2015, thereby directing the original complainant (present non applicant Jahid Baig Mirza ) to submit the theft claim of his truck No MH-36 1828 to the United India Insurance Company Ltd. within a period of 30 days from the date of order. It was further ordered that the present applicant should decide the claim within a period of 30 days from the date of receipt of claim. Howeve, the original complainant Jahid Baig Mirza till date has not submitted his fresh claim with the required documents as per the order of the forum. Therefore, the original o.p. has filed this application to discharge the United India Insurance Company Ltd. from the entire liability of compensation.
Section 27 of the Consumer Protection Act 1986 provides for the punishment to the party who has committed disobedience of the order of the Forum. In the present case the Forum has directed Jahid Baig Mirza to submit his fresh claim to the United India Insurance Company Ltd. within a period of 30 days from the date of order. The documents filed by the present applicant with this application shows that by the letter dated 24/6/2015 the insurance compay asked the original complainant to submit 1. A summary 2. Dumping yard certificate 3. Copy of NCRB letter about vechicle theft 4. RTO form no 28, 29, 30, 35 5. Two keys of insured vehicle. By letter dated 12/1/2016 the original complainant has submitted the following documents –
1. A letter sent to National Crime Record
2. Dumping Yard letter from Nagar Panchyat, Mohadi
3. A summary granted by JMFC court and RTO form no 29
and 30.
In the said letter he has also requested that form no 28 and 35 are not issued by the financer for which requested the present application to issue the letter in the name of financer. By letter dated 14/1/2016 the present applicant asked the original complainant to submit certified copy of A summary, RTO form no 35 and 2 keys of the theft vechicle.
The order passed by this forum is in the nature of directions given to the complainant to submit the fresh claim with necessary documents. He has also submitted some documents which were available with him. If he fails to submit the fresh claim with necessary documents he will suffer the loss on his own act. The ordered passed by the forum is not an executable order aginst the original complainant. Therefore, neither complainant can be compelled to submit the claim to the United India Insurance Company, nor he can be punished under Section 27 of the Consumer Protection Act 1986 for non submission of his fresh claim. Therfore, the present complaint doesnot come under the scope of Section 27 of the Consumer Protection Act 1986 and it is not maintable against original complainant Jahid Baig Mirza. Under Section 27 of the Consumer Protection Act the forum has no jurisdiction to grant declaration of the discharge of the liability of the present applicant for non submission of fresh claim by the original complaintant.
For the above reasons the present application is not maintable in Law. Hence, following order.
ORDER
- Application is dismissed as non maintable in Law.
