STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Transfer Application No.09 of 2024 Date of institution : 05.08.2024 Date of Decision : 16.09.2024 Gurmail Singh S/o Jang Singh, R/o Village Aklia District Mansa, through his Special Power of Attorney Gurtej Singh S/o Jagsir Singh, R/o Village Bhagatpura Maur, Tehsil Tapa, District Barnala.

.….Applicant/Complainant Versus

1. ICICI Lombard General Insurance Company Limited, Interface Building No.16, 601/602, 6^th Floor, New Link Road Malad (West), Mumbai-400064, through its Authorized Signatory.

2. ICICI Lombard General Insurance Company Limited, Registered Office, ICICI Lombard House 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai-

400025, through its Authorized Signatory.

3. Globe Automobiles Private Limited, Village Bhindram, Patiala Road, Sangrur District Sangrur, Punjab.

…..Respondents/Opposite Parties Transfer Application under Section 48 of the Consumer Protection Act, 2019.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member Present:-

For the Applicant/Complainant: Sh. Chahit Bansal, Advocate JUSTICE DAYA CHAUDHARY, PRESIDENT :

The Applicant Gurmail Singh has filed the present Transfer Application under Section 48 of the Consumer Protection Act, 2019 for transfer of Consumer Complaint No.51 of 2023 titled as “Gurmail Singh Vs. ICICI Lombard General Insurance Company Limited & others” which is pending before the District Consumer Disputes Redressal Commission, Mansa (in short the “District Commission”) to District Commission Barnala.

2. The Complaint was filed by the Complainant through Special Power of Attorney Gurtej Singh against the OPs for disbursing the amount of claim i.e. Rs.16,89,368/- + R.15,017/- towards labour charges as well as to pay an amount of Rs.1,00,000/- as financial loss and Rs.50,000/- on account of causing mental harassment alongwith interest @18% per annum and also Rs.20,000/- as litigation expenses.

3. In the said Complaint filed by the Complainant, notice was issued to the OPs for 24.05.2023 for filing written version vide order dated 19.04.2023. Further the OPs filed their written statement on 08.06.2023 and the case was adjourned for evidence of the OPs for 23.06.2023. Further, OP No.3 had tendered into evidence affidavit and copies of documents and the same was closed and the Complaint was adjourned to 25.07.2023 for evidence of OPs No.1 and 2. Further, the Complaint was not taken up due to some dispute of the lawyers of the District Commission Mansa as they had abstained from work. Further the case was adjourned on a number of occasions i.e. for 08.09.2023, 26.10.2023, 03.11.2023, 12.12.2023 as the quorum was not complete as Presiding Officer/Member was on his/her additional duty at District Commission Bathinda. On

21.12.2023, OP No.3 had tendered into evidence the self declaration of Sonu Rathi, Manager Legal and Sanjeev Kumar Surveyor alongwith copies of documents as Ex.OP-1&2/1 to OP-1&2/7 and for remaining evidence a request was made. On 24.01.2024, the quorum was incomplete and case was adjourned to 12.02.2024 for remaining evidence of OPs No.1 and 2. On 12.02.2024, the Presiding Officer was on leave and the case was adjourned to 12.02.2024 for remaining evidence of OPs No.1 and 2. Thereafter, again the case was adjourned on various dates as lawyers were abstaining from the Court work.

4. The Transfer Application has been filed on the ground that the Complaint case is pending since 11.08.2023 and due to strike of the lawyers, the Complainant is facing difficulty and he is being harassed as his case has not been argued only on this ground. The transfer application has been filed for transfer of the Complaint from the District Commission Mansa to District Commission Barnala so that the case can be disposed off expeditiously.

5. Mr. Chahit Bansal Advocate, learned Counsel for the Applicant has submitted that the Complaint case is pending since long and the sa