KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.773/12
JUDGMENT DATED:26.10.2013
(Against the order in CC.252/11 on the file of CDRF, Malappuram, dtd:04.02.2012)
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V. JOSE : MEMBER
1. life India Insurance Company Ltd.,
Brigade Seshamahal,
5 Vani Vilas Road, Basavangudi,
Bangalore-560 004, Karnataka.
2. life India insurance Co. Ltd.,
Mashreek Trade Centre, : APPELLANTS
Opp. Muncipality, Malabar Gold Bldg.,
Perinthalmanna.
(By Adv: Sri.A.G. Syamkumar & K.R. Maheshkumar)
B.Abraham, S/o Ahammadhaji,
R/o Puthiyath(H), Palancheri, : RESPONDENT
Morayur (PO), Malappuram District.
JUDGMENT
JUSTICE SHRI. P.Q. BARKATHALI: PRESIDENT
This is an appeal filed by the opposite parties in CC.252/11 on the file of CDRF, Malappuram challenging the order of the Forum dated, February o4, 2012 directing the opposite parties to pay Rs.37,064/- being the amount under an insurance policy.
2. The case of the 1st respondent/complainant as detailed in his complaint before the Forum in brief is this:-
Complainant joined in a Metlife Insurance Policy of the opposite parties, the sum assured was Rs.7,50,000/-. He paid the onetime premium of Rs.50,000/-. He was informed that if he surrender the policy after three years he will get back the amount. After 3 years he surrendered the policy but the opposite parties informed him that the amount available in his account is only Rs.49,492/-. Out of these opposite parties deducted the 70% and also 10% as tax and complainant was given a cheque for Rs.12,936/-. Therefore complainant filed the complaint to get back the amount paid by him.
3. Though the appellant/opposite party appeared before the Forum they did not file any version. Therefore Forum accepted the proof affidavit filed by the complainant and marked Exts.A1 to A3 and allowed the complaint. Opposite parties have now come up in appeal challenging the said order of the Forum.
4. Heard both the counsels.
5. Counsel for the appellant argued that as per the terms of the policy the opposite parties are entitled to deduct the surrender charge as the complainant has defaulted payment of the premiums. But no reason is stated in the Appeal Memorandum for their non-appearance before the Forum. But we feel that an opportunity should be given to the appellants to contest the case on merits. But there are serious lapses on the part of the appellants for which they have to pay cost to the respondent/complainant.
In the result we hold that appeal will be allowed on payment of cost of Rs.10,000/- to the complainant within 2 weeks from this day. For payment of cost to 8.11.2013.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V. JOSE : MEMBER
08.11.2013
Cost not paid. Appeal dismissed.
JUSTICE P.Q. BARKATHALI: PRESIDENT
VL.
V.V. JOSE : MEMBER
