Tarun Chatterjee, J. - (1.) This appeal is directed against the final order dated 14th of September, 2006 of the National Consumer Disputes Redressal Commission (hereinafter referred to as the "Commission") at New Delhi in Consumer Complaint No 81 of 2006 whereby, the Commission had dismissed the complaint in limine without giving notice to the respondent on the ground that the appellant had raised disputed questions and contentions which were beyond the purview of the Commission.
(2.) The relevant facts as emerging from the case made out by the appellant have been mentioned in a nutshell: The appellant is an engineering construction company serving customers in the hydrocarbon and infrastructure sectors in the global markets, delivering projects and services in pipelines, tankage etc. The appellant was awarded a contract in the Uran - Trombay Pipeline Project with the Oil and Natural Gas Corporation of India. The contract of the appellant with the Oil and Natural Gas Corporation of India obliged the appellant to arrange for insurance covering risks during the construction process in the project. There are only a few insurers and re-insurers competent and willing to undertake such risks according to the knowledge of the appellant.
(3.) The respondent is a company registered with the Insurance Regulatory and Development Authority and is an insurance and re-insurance broker which had approached the appellant in August 2005, explaining that it had the competence and expertise to arrange the specialized and high-priced insurance and re-insurance cover required for the Uran-Trombay Pipeline Project. The appellant thereupon based upon the assurance of the respondent, appointed it as its insurance broker for arranging the desired insurance/re- insurance for the project. The respondent, by a letter dated 17th of August, 2005, conveyed to the appellant that it had short-listed the Oriental Insurance Company Ltd. and the premium for the requisite insurance would be US $ 1,369, 128.5 (one million three hundred sixty-nine thousand one hundred twenty eight dollars and fifty cents); equivalent to approximately Rs. 6.16 crores, plus service tax.;