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GUJARAT STATE CONSUMER DISPUTES
REDRESSAL COMMISSION AHMEDABAD
Honble Mr. Justice S.A. Shah, President; Dr. R.K. Shah, Member.
THE UNITED INDIA INSURANCE COMPANY LTD.—Complainant
versus
MEHTA ROAD LINES—Opponent
Complaint No. 274 of 1991 — Decided on 1.10.1992
Withdrawal of Complaint - Insurance Company - The court granted permission to the complainant (Insurance Company) to withdraw the complaint in order to file a fresh complaint or civil suit with proper parties, as the Insurance Company was not considered the consumer. The decision was influenced by a previous ruling that allowed a complaint filed by the Insurance Company along with the consumer to be entertained.
Fact of the Case:
The complainant sought permission to withdraw the complaint in order to file a fresh complaint or civil suit with proper parties due to a technical defect.
Finding of the Court:
The court granted permission for the complainant to withdraw the complaint and file a fresh complaint or civil suit as desired, with no order as to costs.
Issues: The main issue was the technical defect of proper parties in the complaint filed by the Insurance Company.
Ratio Decidendi: The court's decision was influenced by a previous ruling that allowed a complaint filed by the Insurance Company along with the consumer to be entertained.
Final Decision: Permission was granted for the complainant to withdraw the complaint and file a fresh complaint or civil suit as desired, with no order as to costs.
Mr. Justice S.A. Shah, President — The complainant has realised that after the decision of the Hon'ble National Commission, the complaint by subrogatee (Insurance Company) will not be entertained since the Insurance Company is not the consumer.
2. We have, in another matter, decided that if a complaint is file by the Insurance Company alongwith the consumer, such complaint can be entertained. Mr. Panchal, the learned Counsel appearing on behalf of the complainant therefore seeks permission to withdraw the complaint to enable his client to file a fresh complaint or file a civil suit with proper parties since there is a technical defect of proper parties.
3. Mr. Rakesh Mazumdar appearing for the opposite party was shown the application but he has no submission to make. This question has been arisen after the decision of the Hon'ble National Commission in the case of M/s. Green Transport Company v. New India Assurance Company Ltd. reported in II (1992) CPJ Page 349 (NC). According to our opinion, there is no reason to deny the withdrawal since Mr. Panchal wants it to avoid technical difficulties in future. The purshish is taken on record.
ORDER
Permission as sought by Mr. Pancha1 is granted. The complainant can file a fresh complaint joining proper parties and/or file a civil suit as per their desire. The complaint is disposed of accordingly, with no order as to costs.
Complaint disposed of.
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