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2017 DIGILAW 331 (HP)

United India Insurance Company v. Shyam Lal

2017-04-10

MEENA VERMA, P.S.RANA, VIJAY PAL KHACHI

body2017
ORDER P.S. Rana (R), President. - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 21.06.2016 passed by learned District Forum Kullu in consumer complaint No.34/2015 title Shyam Lal v. United India Insurance Company Ltd. Brief facts of Case: 2. Complainant Shyam Lal filed a complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant is registered owner of tanker No.HP-34B-1865 which met with an accident on 25.07.2012. It is pleaded that complainant obtained carrier''s legal liability policy from the opposite party w.e.f. 18.01.2012 to 17.01.2013 in consideration amount of Rs. 6.00 lac. It is pleaded that total premium including service tax, stamp duty to the tune of Rs. 5116/- (Five thousand one hundred sixteen) was also paid to the opposite party. It is pleaded that complainant filed earlier consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. It is pleaded that in the earlier complaint the complainant sought the relief against the opposite party qua loss to the vehicle and qua loss of diesel. It is pleaded that in the earlier complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. learned District Forum Kullu allowed part claim on dated 24.04.2014 qua damage to the vehicle but did not allow the claim on account of loss of diesel loaded in the tanker and spilled over the ground and order that no relief on this score could be granted by learned District Forum Kullu. It is pleaded that learned District Forum Kullu in consumer complaint No.23/2013 had given liberty to the complainant to approach appropriate Forum for redressal of his grievances on account of loss of diesel loaded in tanker and spilled over ground as a result of accident. 3. Thereafter complainant again filed subsequent present complaint No.34/2015 on dated 27.04.2015 title Shyam Lal v. United India Insurance Company Ltd. before the same learned District Forum Kullu and sought the relief that opposite party be directed to pay a sum of Rs. 357163/- (Three lac fifty seven thousand one hundred sixty three) the actual loss suffered by the complainant for the loss of diesel along-with interest at the rate of 12% per annum. Complainant also sought additional relief of Rs. 1.00 lac as damage on account of harassment and mental tension. 4. 357163/- (Three lac fifty seven thousand one hundred sixty three) the actual loss suffered by the complainant for the loss of diesel along-with interest at the rate of 12% per annum. Complainant also sought additional relief of Rs. 1.00 lac as damage on account of harassment and mental tension. 4. Opposite party filed version and refuted the claim of complainant and prayed that complaint filed by complainant be dismissed. 5. Learned District Forum Kullu allowed subsequent complaint No.34 of 2015 filed by complainant and order opposite party to pay a sum of Rs. 357163/- (Three lac fifty seven thousand one hundred sixty three) with interest at the rate of 9% per annum from the date of filing of complaint till actual payment. Learned District Forum also order that opposite party would pay compensation to the tune of Rs. 10,000/- (Ten thousand) and would also pay litigation costs to the tune of Rs. 3000/- (Three thousand) to complainant. Feeling aggrieved against order passed by Learned District Forum Kullu in subsequent complaint No.34 of 2015 opposite party 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 arises for determination in present appeal. 1. Whether learned District Forum Kullu was legally competent to review its earlier final order dated 24.04.2014 passed in consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. relating to loss suffered by complainant qua diesel loaded in the tanker and spilled over the ground as a result of accident in subsequent complaint No.34 of 2015 title Sh. Shyam Lal v. United India Insurance Company Ltd. decided on 21.06.2016 . 2. Final order. Findings upon point No.1 with reasons: 8. Submission of learned Advocate appearing on behalf of appellant that learned District Forum Kullu (H.P.) was not legally competent to review its own earlier final order dated 24.04.2014 passed in earlier consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. in subsequent complaint No.34 of 2015 decided on 21.06.2016 relating to loss of complainant on account of loss of diesel loaded in tanker and spilled over ground as a result of accident is decided accordingly. State Commission has perused final order dated 24.04.2014 passed by learned District Forum Kullu placed on record announced in consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. Operative part of para-10 of final order is quoted in toto "So far as the indemnity claimed by the complainant on account of loss of diesel loaded in the tanker and spilled over the ground as a result of accident is concerned, no relief on this score can be granted by this Forum and complainant is liberty to approach the appropriate Forum for redressal of his grievance on this count." 9. No appeal was filed by any of the parties against final order dated 24.04.2014 passed by learned District Forum in consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. before State Commission and final order passed by learned District Forum Kullu in consumer complaint No.23/2013 dated 24.04.2014 has attained the stage of finality inter se parties. 10. It is held that learned District Forum Kullu has reviewed its own final order dated 24.04.2014 announced in consumer complaint No.23/2013 title Shyam Lal v. United India Insurance Company Ltd. in subsequent complaint No.34/2015 decided on 21.06.2016 title Shyam Lal v. United India Insurance Company Ltd. relating to loss of diesel loaded in tanker and spilled over the ground as a result of accident. Learned District Forum Kullu has granted relief to the complainant in subsequent complaint relating to loss of diesel which was earlier declined by the learned District Forum Kullu to the complainant in earlier complaint. Learned District Forum Kullu in subsequent complaint No.34/2015 title Shyam Lal v. United India Insurance Company Ltd. by way of reviewing its own earlier final order directed opposite party to pay a sum of Rs. 357163/- (Three lac fifty seven thousand one hundred sixty three) to complainant with interest at the rate of 9% per annum from the date of filing complaint till actual payment relating to loss of diesel loaded in the tanker and spilled over the ground as a result of accident. Learned District Forum also reviewed its earlier final order and directed opposite party to pay compensation to the complainant to the tune of Rs. 10000/- (Ten Thousand) and also pay litigation costs to the tune of Rs. 3000/- (Three thousand). 11. Learned District Forum also reviewed its earlier final order and directed opposite party to pay compensation to the complainant to the tune of Rs. 10000/- (Ten Thousand) and also pay litigation costs to the tune of Rs. 3000/- (Three thousand). 11. It is held that learned District Forum Kullu has reviewed its earlier final order dated 24.04.2014 passed in complaint No.23 of 2013 and granted relief to complainant on account of loss of diesel loaded in the tanker and spilled over the ground as a result of accident in subsequent complaint No.34 of 2015. It is held that learned District Forum is not legally competent to review its earlier final order passed under section 14 Consumer Protection Act 1986. 12. It is held that final order of learned District Consumer Forum Kullu dated 24.04.2014 passed in complaint No.23 of 2013 to the effect that complainant would be liberty to approach appropriate Forum for redressal of his grievances relating to loss of diesel and spilled over the ground as a result of accident does not mean that complainant would approach the same District Consumer Forum Kullu by way of subsequent complaint for same relief because learned District Forum Kullu has held in para No.10 of final order passed in complaint No.23 of 2013 decided on 24.04.2014 that no relief could be granted to complainant by Consumer Forum Kullu (H.P.) qua loss of diesel loaded in tanker and spilled over ground as a result of accident. It is held that appropriate Forum mentioned in para No.10 of final order of complaint No.23 of 2013 means Forum other than District Consumer Forum Kullu (H.P.) 13. It is held that learned District Consumer Forum Kullu was not legally competent to review its own final order passed under section 14 of Consumer Protection Act 1986. See 2001(2) CPC 363 NC New India Assurance Company Ltd. v. Harvansh Kumar Arora . Also see 1997(1) CPC 437 NC Director, Forest Research Institute v. M/s. Sunshine Enterprises and Another . Also see 1998(2) CPC 374 NC New India Assurance Company Ltd. v. M/s. Surya Credit Limited and Another . Also see 1998(1) CPC 569 HP Hans Raj v. Union of India . Also see 1991 CPC 464 Delhi Usha Rani Gupta v. The General Manager . Also see 1998(2) CPC 374 NC New India Assurance Company Ltd. v. M/s. Surya Credit Limited and Another . Also see 1998(1) CPC 569 HP Hans Raj v. Union of India . Also see 1991 CPC 464 Delhi Usha Rani Gupta v. The General Manager . Also see 2006(2) CPC 478 (H.P.) Dashmesh Transport Company v. M/s. Saboo Cylinder Ltd. and also see 1995(2) CPC 669 (Kerala) Dhanalakshmi Bank Ltd. v. M.R.B. Nair . In view of above stated facts point No.1 is answered accordingly. Point No.2: Final Order 14. In view of findings upon point No.1 above appeal is allowed and order of learned District Consumer Forum Kullu dated 21.06.2016 announced in consumer complaint No.34/2015 title Shyam Lal v. United India Insurance Company Ltd. is set aside. Complaint No.34 of 2015 is dismissed. Final order passed by learned District Consumer Forum Kullu in complaint No.23 of 2013 decided on 24.04.2014 will form part and parcel of order. Parties are left to bear their own litigation costs before State Commission. File of learned District Forum along-with certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of costs strictly as per rules. Appeal is disposed of. Pending application(s) if any also disposed of.