27.04.16

Per: Justice B.S. Verma, President (Oral):

Appellant – Sh. Anil Kumar Sharma is present in person.  None is present on behalf of respondent No. 1.  Sh. Vijay Pal Tiwari and Sh. Rajesh Kumar Devliyal, Advocates are present on behalf of respondent No. 2.  Sh. Pradeep Uniyal, Advocate, holding brief of Sh. Sachin Chaudhary, Advocate is present on behalf of respondent No. 3.

Heard.

This appeal is directed against the order dated 09.04.2015 passed by the District Forum, Dehradun in consumer complaint No. 205 of 2013, whereby the consumer complaint filed by the appellant – complainant was dismissed.

The District Forum, while dismissing the consumer complaint, has held that hypertension was not covered under the insurance policy and also that Bajaj Allianz Life Insurance Company Limited was not made party to the consumer complaint.  The policy in question was a Group Suraksha Policy, therefore, insurance company was a necessary party to the consumer complaint.

Learned counsel appearing on behalf of respondent No. 2 – Bajaj Allianz Life Insurance Company Limited, have contended that the insurance company was not made party before the District Forum and hence no opportunity was given to the insurance company to contest the consumer complaint. 

We are of the view that the case be remanded back to the District Forum for decision afresh on merit with direction to the appellant – complainant to implead respondent  No. 2 – Bajaj Allianz Life Insurance Company Limited as opposite party No. 3 in the consumer complaint.

Appeal is disposed of.  Order impugned dated 09.04.2015 passed by the District Forum is set aside.  The appellant is directed to move an impleadment application before the District Forum for impleading Bajaj Allianz Life Insurance Company Limited as opposite party No. 3 in the consumer complaint.  If such an application is moved by the appellant, the District Forum shall allow the same and array Bajaj Allianz Life Insurance Company Limited as opposite party No. 3 in the consumer complaint and provide opportunity of filing the written statement as well as evidence to the insurance company.  The consumer complaint be decided afresh by the District Forum on merit without being influenced by its earlier order.  The appellant will also be at liberty to file additional evidence, if any.  The consumer complaint be decided by the District Forum within a period of three months’.  The parties are directed to appear before the District Forum on 10.05.2016.  No order as to costs.