V. Venkatamma VS Bajaj Allianz General Insurance Co. Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. P. SAHI, BHARATKUMAR PANDYA
V. Venkatamma – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Abhijit Basu, Sr. Advocate with Mr. Kumar Shashank, Advocate, Ms. Obulapuram Keerthi, Advocate
For the RespondentNo.1:Mr. Siddharth, Mr. Prateek Goyal and Mr. Harshit Manwani, Advocate
For the Respondent Nos.2 and 3:Ms. Sunaina, Advocate

ORDER

A.P. Sahi, President—This is an Appeal filed by the Complainant after her Complaint No.122 of 2012 filed before the State Consumer Disputes Redressal Commission, Andhra Pradesh has been dismissed with an observation that in view of the nature of the dispute and the questions of facts pleaded the same would require an assessment on the basis of evidence to be led and has accordingly made an observation that the case deserves to be tried by the Civil Court. The reason for this observation was that fraud, impersonation and the other related allegations cannot be gone into in a summary jurisdiction of the Commission and consequently with the allegations and counter allegations on record, the case required a deeper probe which was not possible to be conducted by the Commission, hence the observation that the complaint deserves dismissal without prejudice to the rights of the Complainant to approach the Civil Court.

2. The background of the dispute is that the Complainant filed a complaint alleging non-settlement of the disbursement of the amount admissible under the policies taken by the late husband of the Complainant in the capacity of the Member of the second Respondent Road Sa