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2018 Supreme(HP) 2127
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
P.S. Rana (R) President, Mr. Vijay Pal Khachi, Member.
Shyam Lal Sharma - Appellant
Versus
National Insurance Company Limited - Respondent
First Appeal No. 149 of 2017
Decided On : 01-05-2018
Mr. Dalip K. Sharma, Advocate, for the Appellant; Mr. J.S. Bagga, Advocate, for the Respondent
The main legal point established in the judgment is that evidence relating to controversial facts in consumer disputes must be adduced as per the modes mentioned in section 13(4) of the Consumer Protection Act 1986, and pleadings are not considered as evidence.
Headnote:
Consumer Protection Act - Consumer Complaint - Section 12, Section 13(4) - The court discussed the admissibility of pleadings as evidence under section 13(4) of the Consumer Protection Act 1986. It held that pleadings and evidence relating to controversial facts are distinct concepts and that evidence must be adduced as per the modes mentioned in section 13(4). The court found that the District Forum committed material procedural irregularity by treating pleadings as evidence and ordered the complaint to be remanded back for disposal strictly in accordance with law and proved facts.
Fact of the Case:
The complainant filed a consumer complaint against the insurance company for not settling a claim and committing deficiency in service. The District Forum allowed the complaint and ordered the opposite party to pay a sum of Rs. 63707 along with interest and additional compensation. The complainant appealed against this order.
Finding of the Court:
The court found that the District Forum had committed material procedural irregularity by treating pleadings as evidence and ordered the complaint to be remanded back for disposal strictly in accordance with law and proved facts.
Issues: Admissibility of pleadings as evidence under section 13(4) of the Consumer Protection Act 1986.
Ratio Decidendi: The court held that evidence relating to controversial facts must be adduced as per the modes mentioned in section 13(4) of the Consumer Protection Act 1986 and that pleadings are no substitute for proof of controversial facts.
Final Decision: The appeal was allowed, and the order of the District Forum was set aside. The complaint was remanded back to the District Forum for disposal afresh strictly in accordance with law and proved facts.
ORDER
P.S. Rana (R) President - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 15.11.2016 passed by Learned District Forum in consumer complaint No.212/2011 title Shyam Lal Sharma vs. National Insurance Company Limited.
Brief facts of Consumer Complaint:
2. Complainant Shri Shyam Lal Sharma filed consumer complaint under section 12 of Consumer Protection Act 1986 against opposite party pleaded therein that complainant insured his vehicle No. HP-52A-2818 with opposite party on dated 31.01.2010 vide insurance policy No. 70967793 in consideration amount of Rs. 181775/- (One lac eighty one thousand seven hundred seventy five). It is pleaded that vehicle met with accident on dated 15.07.2010 at about 4:00 PM near Chola Nala. It is further pleaded that claim was filed with the opposite party. It is further pleaded that opposite party did not settle the claim and committed deficiency in service. Complainant sought relief of payment of Rs. 181775/-(One lac eighty one thousand seven hundred seventy five). In addition complainant sought compensation to the tune of Rs. 50000/- (Fifty thousand). In addition complainant sought litigation costs to the tune of Rs. 15000/- (Fifteen thousand). Prayer for acceptance of consumer complaint sought.
3. Per contra version filed on behalf of opposite party pleaded therein that complaint is not maintainable. It is further pleaded that opposite party did not repudiate the claim nor closed the claim and consumer complaint is prematured. It is pleaded that complex questions of law and facts are involved and same could not be resolved in a summary manner and complainant be relegated to civil court for disposal of consumer complaint. It is further pleaded that opposite party did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought.
4. Learned District Forum allowed the complaint and ordered opposite party to pay a sum of Rs. 63707/- (Sixty three thousand seven hundred seven) alongwith interest @ 9% per annum from the date of filing of complaint till payment. In addition learned District Forum also ordered opposite party to pay a sum of Rs. 10000/- (Ten thousand) to the complainant on account of harassment and mental agony. In addition learned District Forum also ordered opposite party to pay a sum of Rs. 5000/- (Five thousand) as litigation costs to the complainant.
5. Feeling aggrieved against order passed by Learned District Forum complainant filed present appeal before State Commission.
6. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully.
7. Following points arise for determination in present appeal.
1. Whether affidavit filed in support of complaint i.e. pleadings and version filed by opposite party could be treated as evidence of parties under section 13(4) of Consumer Protection Act 1986 for adjudication of controversial facts inter se parties?
2. Final order.
Findings upon point No.1 with reasons:
8. Learned District Forum after perusal of contents of complaint and after perusal of version filed by opposite party ordered parties to adduce evidence qua controversial facts. Thereafter learned District Forum listed consumer complaint for evidence of complainant on dated 18.09.2012, 10.12.2012 and 27.02.2013. On dated 27.02.2013 learned advocate appeared on behalf of complainant has given statement that affidavit filed in support of complaint by complainant be treated as evidence of complainant. The statement of learned advocate appeared on behalf complainant dated 27.02.2013 is quoted in toto:-
Statement of Ms. Sneh Negi Advocate for the complainant.
Without oath
27.02.2013
Affidavit of Shri Shyam Lal Sharma and documents Annexure C-1 to Annexure C-8 already filed with complaint be read in evidence and close the evidence.
Sd/- Sd/- Sd/- Sd/-
RO&AC President Member Member
9. Similarly thereafter learned District Forum listed the consumer complaint for evidence o
