Argument heard on respondent's application for rejection of petitioner's claim.
Case of the petitioner is that after purchase of Suzuki Car (Model 2009) through Bank Alfalah he got it insured from respondent No.1 already their policy No.44/04/04188. The petitioner kept on paying the installments of insurance cover regularly. It was on 19-9-07 that petitioner's car was snatched by decoits. A case FIR No.609/07 u/s 302/392 was lodged with police station Samundri. The petitioner also informed respondents about theft of vehicle to receive payment of insurance claim.
He also provided them all the relevant documents in order to facilitate payment of claim. When petitioner's grievance was not redressed by the respondent he served them legal notice on 24-3-10 but still the respondent did not respond positively, hence, this petition for recovery of suit amount including damages and counsel fee.
3. Petition was contested by the respondents raising a few preliminary objections in their written statement regarding non maintainability of claim and lack of jurisdiction of Consumer Court. The respondent also moved a separate application for dismissal / rejection of petitioner's claim under Order 7 Rule 11 R/W section 151 CPC and 35 of PCPA 2005.
4. Arguments heard and record perused.
5. From the perusal of contents of petition, it would appear that the petitioner has in fact demanded payment of insurance claim about his stolen car but the suit claim seems adjudicatable by the Insurance Tribunal set-up under the provisions of Insurance Ordinance 2000 through notification dated 20-6-6. As regards petitioner's contention that Alfalah Bank is liable to pay him insurance claim already received from General Insurance Company, such claim is civil liability and can only be agitated before Civil Court. Under section 122 (3) of Insurance Ordinance 2000 jurisdiction of others courts (except Insurance Tribunal) is specifically barred. Sub-section 3 of the said section is also produced below for facility of reference:- "No Court other than a Tribunal shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of a Tribunal extends under this Ordinance, including a decision as to the territorial limits and the execution of a decree order or judgment passed by a Tribunal "
6. As regards provision of section 3 of Punjab Consumer Protection Act 2005 it has no over-riding effect on other laws for the time being in force. The application in hand is allowed and the petition is hereby returned for presentation to the proper forum i.e. Insurance Tribunal set-up under Insurance Ordinance 2000 through notification dated 20-6-6. After completion, file be consigned to record room.