NCDRC

NCDRC

RP/4633/2009

TARABAI DILIP BARAVE & ORS. - Complainant(s)

Versus

BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & ANR. - Opp.Party(s)

MR. SHEKHAR B. PRABHAVALKAR

29 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4633 OF 2009
 
(Against the Order dated 08/10/2009 in Appeal No. 47/2009 of the State Commission Maharastra)
1. TARABAI DILIP BARAVE & ORS.
All Adults, Hindu Inhabitants, Residing at Post Chas, Ganesh Wadi, Taluka Ambegaon
Pune
2. ABHIJIT DILIP BARAVE
All Adults, Hindu Inhabitants, Residing at Post Chas, Ganesh Wadi, Taluka Ambegaon
Pune
3. MS ASHWINI DILIP BARAVE
All Adults, Hindu Inhabitants, Residing at Post Chas, Ganesh Wadi, Taluka Ambegaon
Pune
4. ASHUTOSH DILIP BARAVE
All Adults, Hindu Inhabitants, Residing at Post Chas, Ganesh Wadi, Taluka Ambegaon
Pune
...........Petitioner(s)
Versus 
1. BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & ANR.
Its Office at 4th and 5th Floors, Ashoka Plaza Corporate Software Park, Survey No. 32/3, Nagar Road, Vimannagar
Pune - 411014
2. AXIS BANK LIMITED (FORMERLY UTI BANK LTD.) A PRIVATE BANK CONSTITUTED UNDER THE COMPANIES ACT, 1956, AND BANKING REGULATION ACT, 1949
Having its Branch at Brach Garden Road
Pune - 411001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUPAM DASGUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.S.B. Prabhavalkar, Advocate
For the Respondent :
Ex Parte

Dated : 29 Mar 2012
ORDER

Heard. Learned counsel for the petitioners states that despite attempts by the petitioners to obtain a legible copy of the insurance policy in question, it has not been possible to do so. He seeks to file copies of communication in that regard. The request is granted. Copies of communication may be taken on record. There is no appearance on behalf of the respondents despite issuance of notice on 06.09.2011, which were not received back. As 30 days had elapsed on the last date of hearing, the notices were deemed to have been served. This revision petition challenges the order dated 08.10.2009 of the Maharashtra State Consumer Disputes Redressal Commission at Mumbai (hereafter, he State Commission. By this order, the State Commission admitted the complaint filed by the petitioners only against O.P. No.1, namely, M/s Bajaj Allianz Life Insurance Co. Ltd. and came, rather peremptorily, to the conclusion that O.P. no.2, namely, Axis Bank Limited (Branch at Band Garden Road, Pune) was not a necessary party. This conclusion does not appear to be based on any discussion of evidence on record because it was made at the very admission stage. Clearly, this direction cannot be legally sustained. The order of the State Commission is thus set aside insofar as it relates to deletion of O.P. No.2-Axis Bank Limited from the complaint. The matter is remanded back to the State Commission for decision in accordance with law treating the complaint as being against both the Opposite Parties. The petitioners are directed to remain present before the State Commission on the date already fixed, i.e., 16.06.2012. Since the complaint is of 2009, we request the State Commission to decide the complaint as expeditiously as possible.

 
......................
ANUPAM DASGUPTA
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.