MALLADI ACCHIYAMMA vs Bank of India

THE complaint O.P. 353/95, District Forum, East Godavari at Kakinada was filed by the complainant who insured her mechanised boat with the United India Assurance Company Ltd. for a sum of Rs. 1,80,000/-. Since the Bank financed for the purchase of the said boat, according to the complainant, she is under the impression that when the boat sank in the high sea, the Bank will claim the amount from the Insurance Company and therefore, she kept quiet without making any claim. THEreafter, the Bank filed a suit O.S. 332 /94 on the file of the Principal Subordinate Judge''s Court, Kakinada.

ALLEGING that it was only the Bank that ought to have claimed for the insurance amount when the boat met with an accident; as the opposite party-Bank failed to do so, there is deficiency of service on the part of opposite party, the complaint was filed claiming compensation of Rs. 1,80,000/-. A written statement was filed by the complainant in the said suit claiming the amount which was sought to be claimed by the opposite party as a counter claim by paying necessary court fee.

The District Forum held that since in the written statement in the suit, the complainant claimed the amount due to her as counter claim by paying necessary court fee, this complaint for recovery of the said amount is not maintainable, as the suit is pending adjudication in the Civil Court. Questioning the said order, the complainant preferred this appeal. Having regard to the facts as stated above that as the suit is pending before the Civil Court and as the complainant paid necessary court fees, in our view, the District Forum rightly rejected the complaint.

IN the result, the appeal is dismissed. There shall be no order as to costs in this appeal. Appeal dismissed.