Kerala

StateCommission

A/10/181

New India Assurance Co. Ltd. - Complainant(s)

Versus

C.K.Ramanan - Opp.Party(s)

M.Nizamudheen

29 Apr 2010

ORDER

First Appeal No. A/10/181
(Arisen out of Order Dated 03/10/2009 in Case No. CC 326/08 of District Kollam)
1. New India Assurance Co. Ltd. ...........Appellant(s)

Versus
1. C.K.Ramanan ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

                                              APPEAL  NO: 181/2010

 

                              JUDGMENT DATED:29..04..2010

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

 

SHRI.M.K. ABDULLA SONA                                      : MEMBER

 

The Divisional Manager,

New India assurance Company Ltd.,

Beach Road, Kollam. R/by                                                          

The Divisional Manager,                                                   : APPELLANT

New India assurance Company Ltd.,

Divisional Office No:1,

Kottarathil Bldgs, Palayam, TVPM.

 

(By Adv:Sri.M.Haridas)

 

          Vs.

1.C.K.Ramanan,

   Vishnu Sadanam, Cherumoodu,

   Vellimon.P.O, Kundara, Kollam.

                                                                             : RESPONDENTS

2.Senior Scientific Officer,

   Coir Board, National Coir Training &

   Design Centre, Kalavoor.P.O,

   Alappuzha.

                                                            JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

                                               

The appellant is the 2nd opposite party in OP:326/08 in the file of CDRF, Kollam.  The appellant has been set exparte before the Forum.

2. It is the case of the appellant/Insurance Company that they were not served with notice and that they did not receive the claim form.  Hence it is prayed that an opportunity may be given for contesting the matter.

3. It is seen that the Forum has noted that the opposite parties have entered appearance and that even though sufficient opportunities were given, they failed to file version and adduce evidence.  It is submitted by the counsel for the appellant that the appellant did not receive notice and the appellant did not appear also and that it might be the 1st opposite party that has entered appearance.   From the order it is not possible to ascertain as to what was the type of policy and how the complainant is entitled for the amount etc.

4. In the circumstances the order of the Forum is set aside, the matter is remitted back to the Forum.  The Forum is directed to permit the appellant/2nd opposite party to file version and contest the matter.  Forum shall issue notice to the complainant and the 1st opposite party.

5. The case stands posted before the Forum on 7/6/2010.

 

Office will forward a copy of this order to the Forum urgently.

 

 

JUSTICE K.R.UDAYABHANU:  PRESIDENT

 

 

 

M.K. ABDULLA SONA : MEMBER

 

 

VL.

 

PRONOUNCED :
Dated : 29 April 2010

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT