Delhi

New Delhi

CC/475/2012

Poonam Arora - Complainant(s)

Versus

M/S. The Zonal Manager, LIC of India - Opp.Party(s)

06 Nov 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

 

Case No.CC./475/2012                                                             Dated:

In the matter of:

Ms. Poonam Arora,

W/o Shri R.P. Arora,

R/o 60/8A, Ramjas Road, Karol Bagh

New Delhi.                                                                           ……..COMPLAINANT

                         

VERSUS

 

1.                The Zonal Manager,

LIC of India,

Jeevan Bharati Building,

124, Connaught Circus,

New Delhi-110001

2.               Divnl. Manager/D.O(II)

Manager (Sales), LIC of India

Scope Minar, “North Tower”

9^th floor, laxmi Nagar Distt. Centre

Delhi-110092

3.                 Sr. Branch Manager,

Branch unit- 312, (LIC of India),

New Friends Colony,

New Delhi-110065.       

………. OPPOSITE PARTIES

 

 

ORDER

H.M. VYAS, MEMBER

By this order we will dispose of the OP’s. applications dated 24-11-2016 and 21-05-2013 stating that the complainant is not a consumer and this Forum does not have Jurisdiction to entertain complaints where no value of goods or service and the compensation, if any involved and prayed for dismissal of complaint. The complainant has filed reply to the said applications.

                          Brief facts in the Complaint are that the OP appointed the complainant as an agent initially for a period of three years by the controller of Insurance. She was granted License in the year 1985. However, she used to apply on expiration of period of three years and her license was renewed from time to time. She sought voluntary resignation on 21-07-2003 after applying for renewal of license for period on 23-06-2003 up to 22/07/06. It is stated that she worked for more than 16 years and prayed for payment of gratuity through said letter of resignation. No, response or evasive reply  dated 13/09/2010 was given by OP. it is admitted the he did not provide 12 live policies inn 1992 and her license was extended for one year in lieu of 1992. It is admitted by the complainant that once for the year 1992.

All the three OPs have jointly filed WS contesting the complaint and have raised preliminary objections that the complainant is not a consumer under the definition of Consumer Protection Act . It is alleged that the complainant be directed to file the complaint before proper jurisdiction of the Civil  Court. All the allegations as against OP leveled by the complainant have been denied . It is stated that the complaint does not disclose any deficiency in service under the definition within the scope of the CP Act and prayer for dismissal of complaint is made The complainant has filed rejoinder & evidence reiterating & affirming her contents in complaint .The OPs have filed evidence by way of affidavit through administrative officer Sh Vikrant Kalia of LIC Branch No. 312 Okhla.

Arguments on the applications, heard. During arguments the Ld. counsel for OP also objected to the territorial Jurisdiction of this Forum as the relevant office of the OP and cause of action did not arise within territorial Jurisdiction of this forum. The argument of OP regarding territorial Jurisdiction raised at this stage does not merit consideration as in the WS/Evidence no such issue of territorial Jurisdiction was raised. The issue of Jurisdiction of this Forum, however, raised in the pleading is based on the averments that the complaint is not a consumer and no services involved in the complaint and so this Forum has no Jurisdiction

We have given due consideration to the material placed before us and the arguments on applications addressed along with relevant provisions of law.

                          In this regard, the definition of consumer under the CP Act 1986 is given in section 2(1)(d) & is reproduced below:

“Consumer” means any person who,-

1. Buys any goods for a consideration which has been paid or promised or partly paid an partly promised, or under any system of deferred  payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtain such goods for resale or for any commercial purpose; or
2. (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ( hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person ( but does not include a person who avails of such services for any commercial purpose);

From the facts and submission given by both the parties is it clear that the complainant was an agent of the OP; In Other words the OP engaged the complainant for his services as agent. Thus it is clear that the complainant did not avail or hire any services of the OP for a consideration paid / Promised or partly paid & partly promised. We are therefore, of the view that since the complainant did not hire or avail any services of the OP for a consideration paid/ promised or partly paid & partly promised So, she does not fall within the scope of  definition of “Consumer” under the CP Act 1986 .The OPs application on this issue is allowed .As a consequence thereof, the complaint is also dismissed. In the interest of Justice, no other issues and facts have been gone into after holding that the complainant is not a consumer. The applications & the complaint are disposed of in above terms.

A copy of this order each be sent to both parties by post free of cost.

This final order be sent to server (www.confonet.nic.in ).

                          The file be consigned to the record room.

Pronounced in open Forum on  _________________

 

                                     (S K SARVARIA)

                                                                 PRESIDENT

                                     (NIPUR CHANDNA)                                                                    (H M VYAS)

                MEMBER                                                                                      MEMBER