Law: Insurance Ordinance, 2000

Section: XXXIX,127(1)(b)

Law: Federal Ombudsmen Institutional Reform Act, 2013

Section: XIV,14,24

(a) Insurance Ordinance (XXXIX of 2000)-------S.127(1)(b)---Federal Ombudsmen Institutional Reforms Act (XIV of 2013), Ss.14 & 24---Surrendering of insurance policies and seeking a refund--Representation before the President---Scope of jurisdiction and powers of President stated---Federal Insurance Ombudsman, jurisdiction of---Small Dispute Resolution Committee (SDRC)---Scope of its mandate and nature discussed for the purpose of invoking jurisdiction of Federal Insurance Ombudsman---Brief facts of the case were that the petitioner company issued two insurance policies to respondent No.2 (Policy holder) and due to financial difficulties the respondent No.2 later sought to surrender the policies and requested a refund which the petitioner company refused, constraining the respondent No.2 to approach the Small Dispute Resolution Committee (SDRC), which disposed of the complaint on stating that the enhanced refund offer by the petitioner company was reasonable---Respondent No.2 being dissatisfied then filed complaint with the Federal Insurance Ombudsman (FIO), who dismissed the same citing lack of jurisdiction under S. 127(1)(b) of the Insurance Ordinance, 2000 ("Ordinance 2000"), due to prior resolution by SDRC---Subsequently, respondent No.2 filed a representation before the President of theIslamic Republic of Pakistan under S. 14 of the Federal Ombudsmen Institutional Reforms Act, 2013 ("Act 2013"), whereby, the President set aside the FIO's dismissal and directed the petitioner company to refund Rs.1,650,000 within 30 days, constraining the petitioner company to challenge that decision through the present Constitutional petition, thereby alleging lack of jurisdiction and legal error--The pivotal question for determination before the High Court was "whether the Respondent No.1 (The President) had the jurisdiction to entertain and decide the representation against the FIO's order declining jurisdiction under S. 127(1)(b) of the Insurance Ordinance, 2000"---Held: The representation was filed before the President/respondent No.1 under S. 14 of the Federal Ombudsmen Institutional Reforms Act, 2013 ("Act 2013")---The powers of the respondent No.1/President under…