M/S ACME CLEANTECH SOLUTIONS PRIVATE LIMITED versus M/S UNITED INDIA INSURANCE COMPANY LIMITED & ANR

Citation: [2021] 12 S.C.R. 578 · Decided: 09-12-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 12 S.C.R.
   [2021] 12 S.C.R. 578
578
M/S ACME CLEANTECH SOLUTIONS PRIVATE LIMITED
v.
M/S UNITED INDIA INSURANCE COMPANY LIMITED
& ANR
(Civil Appeal Nos. 4476-4477 of 2021)
DECEMBER 09, 2021
[DR. DHANANJAYA Y CHANDRACHUD, SURYA KANT
AND VIKRAM NATH, JJ.]
Pleadings: Amendment of plaint/complaint – Whether the
pleading in the nature of a plaint in a civil suit or a complaint before
the consumer forum should be amended is a matter for the plaintiff
or, as the case may be, the complainant to determine – The party
which moves the forum is dominus litis and is entitled to decide
whether or not to amend the pleading or to pursue the complaint,
as it stands – Consumer Protection Act 1986.
Consumer Protection Act 1986: s.13(1) – Insured-appellant
filed complaint against insurer-respondent alleging that the insurer
failed to settle the insurance claim of the insured arising out of
storms which damaged the solar power plants of the insured – Insurer
did not file written statement within the time stipulated by s.13(1) of
the Act – Insurer filed IA seeking dismissal of claim – No reference
was made in the IA to the repudiation of contract – On the same
day, insurer issued a letter repudiating the claim of the insured – In
the meantime, insured filed IA seeking final survey report – National
Commission disposed of IAs and directed the insured to file amended
complaint and granted opportunity to the insurer to file a written
statement – Challenge against – Held: It was for the insured to
decide as to whether the complaint should be amended or whether
it would pursue the option of proceeding with the pleadings as they
stand – Insured could not have been directed to amend the complaint
to challenge the repudiation of the contract of insurance – Insured
stated that it did not wish to do so – In view thereof, it cannot be
compelled to amend the complaint.
Disposing of the appeals, the Court
HELD : 1. The complaint filed by the appellant, as it stands,
requires the insurer to settle the claim and to make payment.
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579
The insurer repudiated the claim. There is merit in the contention
for the appellant that the appellant cannot be compelled to amend
the complaint. Whether the pleading in the nature of a plaint in a
civil suit or a complaint before the consumer forum should be
amended is a matter for the plaintiff or, as the case may be, the
complainant to determine. The party which moves the forum is
dominus litis and is entitled to decide whether or not to amend
the pleading or to pursue the complaint, as it stands. It is the
contention of the appellant that the relief which has been sought
in the complaint is not only for the settlement of the complaint,
but also, in addition for the payment of the amount due and hence,
the complaint has not been rendered infructuous. According
to the appellant, the belated repudiation of the claim beyond
a reasonable period has no consequence. [Para 9][582-H;
583-A-C]
2.  In the situation as it stands at present, the appellant
could take recourse to either of three courses of action, namely:
(i) pursue the complaint as it stands; or (ii) amend the complaint
to challenge the letter of repudiation; or (iii) withdraw the existing
complaint with liberty to institute a fresh complaint to challenge
the letter of repudiation. [Para 11][583-F-G]
New India Assurance Company Limited v Hilli
Multipurpose Cold Storage Private Limited (2020) 5
SCC 757 – followed.
Case Law Reference
(2020) 5 SCC 757
followed
Para 5
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.4476-
4477 of 2021.
From the Judgment and Order dated 11.03.2021 of the National
Consumer Disputes Redressal Commission, New Delhi in IA No.3463
of 2020 and IA No.1346 of 2021 in Consumer Case No.1934 of 2019.
Mohit D. Ram, Adv. for the Appellant.
Amit Kumar Singh, Mrs. K. Enatoli Sema, Ms. Chubalema Chang,
Advs. for the Respondents.
M/S ACME CLEANTECH SOLUTIONS PVT. LTD. v. M/S UNITED INDIA
INSURANCE COMPANY LTD.
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SUPREME COURT REPORTS
[2021] 12 S.C.R.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. These appeals arise from an order of the National Consumer
Disputes Redressal Commission1 dated 11 March 2021 in IA 3463 of
2020 and IA 1346 of 2021.
2. The appellant instituted a consumer complaint before the
NCDRC on 28 September 2019, being Consumer Complaint No 1934 of
2019. Briefly stated, the grievance of the appellant was that the first
respo
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