Upendra Singh v. The State Bank Of India Through Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14939 of 2017 ====================================================== Upendra Singh Son of Late Ram Jiwan Singh, Resident of Village- Machhuari Bagicha, Post- Sarai, Via- Neura, Police Station- Maner, District- Patna. ... ... Petitioner

Versus

1.

The State Bank of India through Chairman, State Bank of India, State Bank Bhavan, Madam Cama Road, Mumbai-400021.

2.

Zonal Manager, State Bank of India State Bank of India State Bank Bhavan, 16th Floor Madam Cama Road, Mumbai 400021.

3.

Regional Manager, State Bank of India, Jugdes Court Road, Patna- 800001. 4.

Divisional Manager, State Bank of India, Jugdes Court Road, Patna800001. 5.

Chairman cum Managing Director, SBI General Insurance Company Limited, 101, 201 & 301, Junction of Western Express Highway & Andheri Kurla - Road, Andheri (East) Mumbai - 400069 6.

Vice President, Claims Operations SBI General Insurance Company Limited, 101, 201 and 301, Junction of Western Express Highway & Andheri Kurla - Road, Andheri (East) Mumbai - 400069. 7.

AVP Claims Operations, SBI General Insurance Company Limited, 101, 201 and 301, Junction of Western Express Highway & Andheri Kurla - Road, Andheri (East) Mumbai - 400069 8.

Chairman, Grievance Redressal Committee, SBI General Insurance Company Limited, Office of the Insurance Ombudsman, 1st Floor, Kalpana Arcade Building, Bazar Samiti Road Bahadurpur, Patna 800006. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar Singh, Advocate For the Bank & Insurance:

Mr.Kaushalesh Choudhary, Advocate Company ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-08-2019 It appears that petitioner has already moved before the District Consumer Disputes Redressal Forum, Patna in Complaint Case No. 510 of 2014 for redressal of his grievance. Learned counsel for the petitioner submits that the said complaint case is still pending and is being adjourned from

Patna High Court CWJC No.14939 of 2017(2) dt.13-08-2019 2/2 time to time.

Learned counsel for the Insurance Company submits that the petitioner cannot pursue two remedies against his grievance. Since in this case he has filed a complaint case prior to filing of present writ application, the writ application is not fit to proceed.

In the given facts and circumstances of the case, this Court is of the considered opinion that once the grievance of the petitioner is pending before the District Consumer Disputes Redressal Forum, Patna it would not be just and proper for this Court to entertain this writ application. The writ application is, thus, being disposed off with a direction to the District Consumer Disputes Redressal Forum, Patna to consider and dispose off the Complaint Case No. 510 of 2014 within a period of four months from the date of receipt/production of a copy of this order.

(Rajeev Ranjan Prasad, J) vats/ved U