Haryana

StateCommission

A/593/2017

STAR HEALTH AND ALLIED INSURANCE CO.LTD. - Complainant(s)

Versus

ASHISH - Opp.Party(s)

NITESH SINGHI

24 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                      First Appeal No.593  of 2017

                                      Date of Institution:16.05.2017

                                      Date of Decision:24.07.2018

 

1.      Star Health and Allied Insurance Co. Ltd., SCO No.149, 2^nd Floor, Commercial Urban Estate-1, Red Square Market Branch, Hisar, District Hisar (Haryana).     

 

2.      General Manager/Managing Director, Star Health and Allied Insurance Co. Ltd., No.1, New Tank Street, Valluvarkottam Height Road, Nungambakkam, Chennai-600034.                                                                                            …Appellants

Versus

 

Ashish minor son of Sh. Rajbir Singh, minor through his father and natural guardian Sh. Rajbir Singh, R/o Village Dhani Shankari, Tehsil Hansi, District Hisar.

                                                …Respondent

CORAM:   Mr. Ram Singh Chaudhary, Judicial Member.

 

Present:     Mr.Nitesh Singhi, Advocate for appellants.

Mr. Kunal Garg, Advocate for respondent.

 

O R D E R

 

RAM SINGH CHAUDHARY, JUDICIAL MEMBER

 

1.                As per order dated 23.07.2018 contained in letter No.3245, I am conducting these proceedings singly.

2.                Delay of 10 days in filing the present appeal is hereby condoned for the reasons stated in the application for condonation of delay.

3.                The appeal was fixed for advancing final arguments. After advancing partly arguments on behalf of the parties, it was brought to the notice of this Court that till today the claim of respondent had not been repudiated, unless and until and all the documents are being submitted by the respondent enabling the present appellants to adjudicate and decide the claim. If, the claim is repudiated, in that eventuality the respondent can approach the competent court of law to redress his grievances.

4.                Learned counsel for the appellants made a statement to the effect that in case all the documents are made available to the appellant by respondent within a period of 15 days then the claim of respondent would be decide within 45 days.

5.                In view of the statement made by learned counsel for appellants and concurrence given by learned counsel for respondent, present appeal is disposed of with the directions that the respondent would submit all the documents and would complete all the formalities within 15 days from the passing of this order and then present appellants would decide the claim of respondent within a period of 45 days. In case the respondent is not satisfied with the decision then the appellants would be at liberty to recourse the legal resorts available under the law, if so advised. On the basis of this order, the proceedings initiated or conducted by learned District Consumer Disputes Redressal Forum, Hisar would be deemed to be redundant and stands vitiated for all intents and purposes.

6.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

July 24^th,  2018                                                                       Ram Singh Chaudhary

                                                                                                Judicial Member

                                                                                                Addl. Bench

R.K