Kerala

Malappuram

CC/171/2016

MOIDEEN PORUPPAN - Complainant(s)

Versus

AVIVA LIFE INSURANCE - Opp.Party(s)

01 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/171/2016
 
1. MOIDEEN PORUPPAN
S/O HASSAN HAJI PORUPPAN MATTARAKKAL PO PERINTHALMANNA
...........Complainant(s)
Versus
1. AVIVA LIFE INSURANCE
KODAMPAKKAM HIGH ROAD NUNKAMBAKKAM CHENNAI 600034
2. MAYOR JAIN CUSTOMER SERVICE
AVIVA LIFE INSURANCE COMPANY LTD GURGAON 122003
3. REGIONAL MANAGER
REGIONAL OFFICE AVIVA LIFE INSURANCE COMPANY LTD CALICUT
4. BRANCH MANAGER
AVIVA LIFE INSURANCE COMPANY LTD BRANCH OFFICE PERINTHALMANNA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AA VIJAYAN PRESIDENT
 HON'BLE MS. MADANAVALLY RK MEMBER
 HON'BLE MRS. MINI MATHEW MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 01 Aug 2016
Final Order / Judgement

According to the opposite parties, the policy availed by the complainant is a Unit Linked Policy and hence the complaint is not Consumer with the meaning of Consumer Protection Act. So it is not maintainable before this Forum.

The Respondent/Complainant, through not filed any counter, vehemently opposed the petition.

Heard both sides and perused records.

The Honourable National Consumer Redressal Commission, in 2013(2) CPR 389 (NC), held that the consumer Forum has no jurisdiction to entertain the case which is coming under Unit Linked Policy and there is no doubt, a speculative gain and speculative motive investment in such matters.

Hence the IA is allowed and accordingly the complaint is returned for filing in a proper Forum.

 
 
[HON'BLE MR. AA VIJAYAN]
PRESIDENT
 
[HON'BLE MS. MADANAVALLY RK]
MEMBER
 
[HON'BLE MRS. MINI MATHEW]
MEMBER

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