Arunachal Pradesh

Papum Pare

LMCA/PP-03/2021

R,H.Nabam - Complainant(s)

Versus

Met life insurance - Opp.Party(s)

27 Jul 2022

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PAPUM PARE DISTRICT YUPIA
ARUNACHAL PRADESH
 
Complaint Case No. LMCA/PP-03/2021
( Date of Filing : 16 Apr 2021 )
 
1. R,H.Nabam
itnagar p sector
...........Complainant(s)
Versus
1. Met life insurance
Itnagar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. GOTE MEGA PRESIDENT
 HON'BLE MS. Deepa yoka MEMBER
 HON'BLE MR. Tarak Loma R. MEMBER
 
PRESENT:
 
Dated : 27 Jul 2022
Final Order / Judgement

J U D G E M E N T & O R D E R

  1. Heard Mr. R.H Nabam in-person. By instant complainant petition, he is praying for directing the opposite parties to refund him the amount of Rs. 30, 0000/- (Rupees Thirty Thousand only) paid to them being the principal amount of the policy bond with annual interest @ 18% and in total, amounting to Rs. 75, 00, 000/- (Rupees Seventy-Five Lakh only) on account of laches/negligence committed by them.

 

  1. The complainant further is seeking an award of Rs. 60, 0000/- (Rupees Sixty Thousand only) as panel charges on account of deficiency in service, Rs. 5, 00, 000/- (Five Lakh only) for mental and physical harassment and Rs. 1, 00, 000/- (Rupees one Lakh only) as litigation charges for having forced to approach this Forum.

 

  1. This case was transferred to this Forum by the hon’ble State Consumer Disputes Redressal Commission on account of enhancement of pecuniary jurisdiction of District Forum by the amendment of Consumer Protection Act, 2019. However, amendment Act of 2019, does not provide retrospective operation of the law. The instant complaint case was instituted prior to the commencement of the Consumer Protection act 2019 (amendment) Act. Whereas, dealing on the retrospective and prospective operation of the Act, the National Consumer Forum has held that provision regarding the jurisdiction of District, State and National Commission under sections 34, 47 and 58 of the Act, are prospective in operation and not retrospective.

 

  1. In view of the above law, this Commission has no pecuniary jurisdiction and the case is remitted to the hon’ble State Commission for disposal of the case. With this order the compliant is disposed of.

 

  1. The Registry shall send the records to the Hon’ble State Commission immediately.

 

(Miss Deepa Yoka)                                              (Mr. Tarh Loma)

Member                                                   Member

                 

(Mr. Gote Mega)

     President

 
 
[HON'BLE MR. GOTE MEGA]
PRESIDENT
 
 
[HON'BLE MS. Deepa yoka]
MEMBER
 
 
[HON'BLE MR. Tarak Loma R.]
MEMBER
 

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