UNITED INDIA INSURANCE CO Vs. MOHD AFZAL LONE
LAWS(J&K)-2006-3-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 22,2006

UNITED INDIA INSURANCE CO. Appellant
VERSUS
MOHD. AFZAL LONE Respondents

JUDGEMENT

- (1.) By the medium of this writ petition, the petitioner has sought issuance of writ of certiorari for quashing the order dated 7-7-2004 (hereinafter, for short impugned order), passed by respondent No. 2(J & K State Consumer Protection Commission, Srinagar) in complaint titledMohammad Afzal Lone v. United India Insurance Co. on the grounds taken in the writ petition.
(2.) Learned counsel for respondent No. 1 stated at Bar that this petition be disposed of without filing objections. His statement is taken on record.
(3.) It appears that respondent No. 1 filed consumer complaint under Jammu & Kashmir Consumer Protection Act, hereinafter for short the "Act", before respondent No.2. Petitioner applicant in the complaint disputed the claim of respondent No. 1 by filing the written version before J&K State Consumer Protection Commission, Srinagar. It is profitable to reproduce Paras 3 and 4 of preliminary objections of the written version filed by petitioner before the State Commission, herein, which read as under :- "3. That the complaint of the complainant is also not maintainable as disputed questions of fact are involved which cannot be adjudicated upon by this Hon'ble Commission during the course of its summary trial as the voluminous evidence from the parties is to be recorded which cannot be done during the course of summary trial, as such, the complaint deserves to be returned for its presentation before appropriate forum/Civil Court.;


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