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2022 Supreme(SC) 1351

HEMANT GUPTA, V. RAMASUBRAMANIAN
Bharmaputra Biochem Private Limited – Appellant
Versus
New India Assurance Company – Respondent


Advocates appeared:
Mr. Sandeep Bajaj, Advocate, Mr. Soayib Qureshi, Advocate, For the Appellant / Mr. J. P. N. Shahi, Advocate, Mr. Rameshwar Prasad Goyal, Advocate, For the Respondent.

ORDER

1. The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission [for short, "NCDRC"] on 27.09.2021 whereby the complaint was returned unadjudicated with liberty to the appellant to file fresh complaint within 30 days, while granting liberty to make the insurance company alone the 'sole opposite party and to seek for findings of 'deficiency in service' and/ or 'unfair trade practice' and relief in the form of compensation etc. against it.

2. The NCDRC returned inter-alia the following finding: -

    "8. We agree that a complaint ought not be defeated by reason of misjoinder of parties alone. In the present case however we find that the contents and articulation of the complaint is such that the insurance co. and its surveyor & loss assessor have been inextricably conjoined together, the material distinction that the complainant co. is a 'consumer' of the insurance co. alone, and not of its surveyor & loss assessor also, has been completely lost, the difference between the performance of service by the insurance co. and the role and responsibility of its surveyor & loss assessor has not been maintained. In the wake of such confoundin

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