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Judgment
The short question arising for consideration in this Revision Petition filed by Sahara India Financial Corporation Ltd., the Opposite Party in the Complaint, is as to whether the Complainant, the Respondent herein, could invoke the jurisdiction of a Consumer Fora under the Consumer Protection Act, 1986 after an award had been announced by the Sole Arbitrator on 05.11.2008, rejecting the same claim, which was made the subject matter of the Complaint under the Act.
Having heard learned Counsel for the Petitioners and the learned Amicus Curiae , we are of the view that since in the award the learned Arbitrator had come to the conclusion that the Complainant was not entitled to any amount as Death Help Benefit under the Policy, styled as Sahara-4, which award was not questioned by the Complainant, it could not be held that there was any deficiency in service on the part of the Petitioners in not accepting the claim of the Complainant. In that view of the matter, the impugned order, directing the Petitioners to examine the claim preferred by the Complainant on merits, cannot be sustained.
Consequently, the Revision Petition is allowed; the impugned order is set aside; and the Complaint filed by the Complainant is dismissed, leaving the parties to bear their own costs.
Before parting with the case, we place on record our appreciation for the assistance rendered by the learned Amicus Curiae . A sum of 12,000/- shall be paid to her towards out-of-pocket expenses.
The Revision Petition stands disposed of accordingly.