Rajasthan

StateCommission

A/567/2015

Kapil Bansal s/o H.B.Bansal - Complainant(s)

Versus

Aviv Life Ins. Co. Ltd. through - Opp.Party(s)

K.N.Pareek

25 Feb 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 567 /2015

 

Kapil Bansal s/o H.B.Bansal r/o D 69 Madhosingh circle, Bani Park, Jaipur

Vs.

Aviva Life Insurance Co. K-11 Luhadia Tower, Ashok Marg, C-Scheme,Jaipur through Br.Manager & ors.

 

Date of Order 25.2.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr. Kailash Narayan Pareek counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the learned DCF, Jaipur 2^nd dated 7.4.2015.

2

 

The dispute between the parties was that three cheques were issued by the complainant in favour of the respondents but in complaint it has been denied by the complainant and pleaded that he has not filled any proposal form and not issued any cheque but looking to the evidence submitted before the court below it has rightly been considered that cheques were issued by the complainant in favour of the respondents. The proposal form was also submitted on 22.2.2008. It was also considered by the court below that payment of cheques has been arranged by the complainant hence, it has rightly been considered by the court below that the complainant has issued the cheques and presented the proposal form. It is also not in dispute that Rs. 7 lakhs has already been paid to the complainant. Hence, the court below has rightly allowed the interest on the amount as also compensation and cost of proceedings.

 

The court below has rightly ordered for interest and compensation after considering the merit of the case. There is no infirmity in the impugned judgment and the appeal is baseless and liable to be rejected.

 

(Kailash Soyal) (Nisha Gupta )

Member President