‘POWER OF ATTORNEY HOLDER CAN’T FILE COMPLAINT’

THE FORUM OBSERVED THAT THE COMPLAINT WAS FILED BY SHAIKH AND NOT BY PATEL, WHO WAS THE CONSUMER

MUMBAI: Only the affected party can file a complaint against a service provider, the south Mumbai district consumer court held last week while dismissing a case filed against an insurance company by a power of attorney holder.
The forum was hearing a complaint filed by Ashraf Shaikh, holding power of attorney on behalf of Inayatulla Patel, against an insurance company for deficiency in services.
According to the complaint, Patel owned a jeep, which was insured for Rs4.76 lakh. In July 2006, when the vehicle was being driven on Panvel express highway, it met with an accident when a lorry dashed into it.

Patel filed a claim with the insurance company, which rejected it on the ground that the jeep was being used for commercial purpose, though it was registered for private use.
Patel, who had been living abroad, then decided to move a consumer complaint through Shaikh.
The forum, after hearing both sides, observed that the complaint is filed by Shaikh and not by Patel, who is the consumer.
“In the definition of complainant under the Consumer Protection Act, a complaint through power of attorney is not included,” observed the forum, while dismissing the complaint and also questioned the authenticity of the power of attorney.