Tamil Nadu

StateCommission

FA/360/2014

The New India Assurance Co. Ltd., The Divisional Manager - Complainant(s)

Versus

Ahakhan - Opp.Party(s)

Ashok Rajaraman

17 Aug 2015

ORDER

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                    Present: Thiru J. Jayaram,                                PRESIDING JUDICIAL MEMBER

                                  Tmt.  P. Bakiyavathi                            MEMBER

F.A. No. 360 / 2014

               (Against the Order in C.C. No. 468 / 2013, dated 04-03-2014 on the file of the DCDRF, Coimbatore)

Dated this the 17th day of AUGUST, 2015

 The Divisional Manager,                      ]

The New India Assurance Co. Ltd,                ]

Kumaran Complex,                                       ]

Kumaran Road,                                            ]  ..  Appellant / Opposite

Tirupur                                                         ]                        Party

                   Vs.

Ahakhan,                                                     ]

S/o Hameed Khan,                                       ]

No.5/437, Palanisamy Nagar North,              ]

Boyampalayam,                                           ]

Perumanallur,                                              ]  ..  Respondent /

Tirupur                                                         ]                  Complainant

     

            This Appeal coming up before us for final hearing on 24-07-2015and on hearing the arguments of both sides and upon perusing the material records, this Commission made the following Order:

Counsel for Appellant:     -        M/s Ashok Rajaraman

Counsel for Respondent:  -        M/s G. Swaminathan

J. JAYARAM,  PRSIDING JUDICIAL MEMBER

            This appeal is filed by the opposite party against the order of the District Forum, Coimbatore in C.C. No. 468 / 2013, dated 04-03-2014, allowing the complaint, exparte.

2.       The complainant has filed this complaint against the opposite party alleging deficiency in service on the part of the opposite party in failing to settle his own damage claim under the Insurance policy issued by the opposite party.

3.       The opposite party remained absent before the District Forum and hence the opposite party was set exparte.

4.       The District Forum passed exparte order allowing the complaint and directing the opposite party to settle the own damage claim of the complaint immediately and to pay a sum of Rs.25,000/- as compensation for mental agony, and to pay costs of Rs.1,000/-. Aggrieved by the impugned order, the opposite party has preferred this appeal.

5.       In the facts and circumstances of the case, we feel that an opportunity may be afforded to the opposite party to participate in the proceedings for proper adjudication of the case and to meet the ends of justice.

6.       In the result, the appeal is allowed and the order of the District Forum is set aside and the case is remanded to the District Forum for fresh disposal, on condition that the appellant pays costs of Rs.1,000/- (Rupees One Thousand only) to the complainant, on or before 31-8-2015, failing which the appeal shall stand dismissed.        

7.       Both the parties are directed to appear before the District Forum on 1-9-2015 and the opposite party shall file the version, and proof affidavit, along with the documents if any, on that day itself. The District Forum is directed to dispose of the case within 3 months from the date of appearance of the parties.

 

    P. BAKIYAVATHI                             J. JAYARAM        

           MEMBER                         PRESIDING JUDICIAL MEMBER           

 

 

 

 

 

 

 

 

 

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