Law: Federal Ombudsmen Institutional Reform Act, 2013

Section: 2(a),18

Federal Ombudsman Institutional Reforms Act (XIV of 2013)--- ----Ss. 2(a) & 18---Insurance claim, acceptance of--- Maladministration---Jurisdiction of Ombudsman---Scope---Petitioner was an Insurance Company who assailed directions by Ombudsman to Securities and Exchange Commission of Pakistan to investigate complaint---Validity---Ombudsman seized of complaint was empowered to decide same in accordance with law and not abdicate its role to another authority---Order of the Ombudsman referring matter to Securities and Exchange Commission of Pakistan for further necessary action was not justifiable---High Court set aside order passed by the Ombudsman and remanded matter back to Ombudsman for decision afresh---High Court also directed the Ombudsman to afford an opportunity of hearing to parties--- Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.--- The present petition was filed to restrain the Federal Insurance Ombudsman ("Ombudsman") from proceeding further in a complaint filed by an insurance claimant against the petitioner, being an insurance company. 2. It was observed that while seized of complaint against the petitioner, the Ombudsman had passed an order dated 05.11.2015 in Complaint 172 of 2015 ("Ombudsman Order") wherein, after observing that since the insurance company had accepted the claim, therefore, there was no element of maladministration, the matter was referred to the Securities and Exchange Commission of Pakistan ("SECP") for necessary action. The relevant constituent of the Ombudsman Order is reproduced herein below: "I am directed to refer the matter to SECP for such further necessary action as deemed appropriate on merits. It would be appreciated if the decision taken in the matter is communicated to this Secretariat for record". 3. It was observed that the Ombudsman Order expressly recorded that the petitioner had neither disputed the claim filed thereagainst nor repudiated the same and had already made part payment thereof. It was also recorded that since the petitioner had only expressed reservations about the manner of apportionment of loss by the concerned surveyor and approached the SECP in…

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