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2001 (7) TMI 1173 - SC - Companies LawWhether an insurance company is a consumer vis-a-vis the appellant, and as such, consumer can file a complaint before the consumer forum? Held that:- Appeal allowed. It is not necessary to decide whether a complaint would be maintainable, if there was merely subrogation. The main terms of the letter of subrogation in this case are identical to the letter of subrogation in Oberai Forwarding Agency’s case (2000 (2) TMI 791 - SUPREME COURT). On such terms, it has been held that it is an assignment. As it is assignment, the principles laid down in the above mentioned cases apply, and the complaint would not be maintainable. However, toclarify that it will be open for the insurance company to file a claim for recovery of the amounts in a civil court.
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