IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2008 OF 2009 (Arising out of S.L.P. (C) No.3946 of 2008)

M/s. Haabia Advertising India Pvt. Ltd.      ...Appellant(s)

Versus

United India Insurance Co. Ltd. and Anr.    ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The appellant is an Advertising Company. It is engaged in the business of

putting up advertisements through hoardings and sky-signs at Visakhapatnam.  In

1994, the appellant filed complaint under Section 17 of the Consumer Protection Act,

1986 (for short, “the Act”) for award of compensation to the tune of Rs. 20 lakhs by

stating  that  the  hoardings  which  were  insured  were  illegally  removed  by  the

authorities.   By  an  order  dated  8.8.2001,  the  Andhra  Pradesh  State  Consumer

Disputes Redressal Commission (for short, ‘the State Commission’) held that there

was no deficiency of service and dismissed the complaint. The National  Consumer

Disputes  Redressal  Commission (for short,  “the National  Commission”)  confirmed

the order of the State Commission by observing that after having availed the remedy

by filing writ petition and contempt petition before the High Court, the petitioner

(appellant herein) is not entitled to relief under the Act.

....2/-

- 2 -

In our view, the reason assigned by the National Commissions for refusing

to entertain the claim of the appellant is legally untenable and the impugned order is

liable  to  be set  aside  because the writ  petition and contempt petition filed  by the

appellant against the Municipal Corporation in the matter of alleged illegal removal

of hoardings etc. do not have direct bearing on its claim for award of compensation.

Accordingly, the appeal is allowed, impugned orders are set aside and the

matter is remanded to the National Commission for disposal of the appeal filed by the

appellant on merits after giving opportunity of hearing to the parties.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 30, 2009.