KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL 289/2010

JUDGMENT  DATED 22.2.2011

PRESENT:-

SMT. VALSALA SARANGADHARAN      : MEMBER

SHRI. S. CHANDRAMOHAN NAIR           : MEMBER            

APPELLANTS

1.     Chairperson/Charge Officer,

Kudumbasree Committee,

Development Society, Puduppariyaram Post,

Palakkad.

2          Panchayat Secretary,

Puduppariyaram Grama Panchayat,

 Puduppariyaram.

                                   ( Rep. by  Adv. Sri. A.V. Ravi)

                                  Vs

RESPONDENT

        C. Kandan,

        S/o Late. Chinna,

        Joint Secretary,

        Kerala Consumer Protection Centre,

        Vallathu House, Thekkapparambu,

        Puduppariyaram Post, Palakkad

.

JUDGMENT 

SMT. VALSALA SARANGADHARAN      :     MEMBER

          The above appeal is preferred against the order dated 25.3.2010 of CDRF, Palakkad in C.C. 159/09 . By the impugned order, the opposite parties are under orders to pay a sum of Rs. 5,000/- as compensation to the complainant.  It is aggrieved by this direction that  the opposite parties preferred the present appeal. 

          The matter relates to the cancellation of a Arogya Insurance Policy.  The complainant has alleged that he has spent an amount of Rs. 9,260/- in connection with the treatment of his mother who was a member of the said policy.  He made a claim for the said amount. But the opposite parties repudiated the claim on the ground of cancellation  of the scheme by the government.  Hence he filed complaint before the forum alleging deficiency in service in repudiating the claim of  the benefits under the policy. 

          The second opposite party filed version and contended that the Arogya Insurance Policy  was organized by the joint efforts  of the government, local self government and the members of the policy.  Accordingly each party has to pay Rs. 33/- towards premium amount .  The tie up was with ICIC, Lombard and 2466 persons from the Panchayat  remitted Rs. 33/- each.  Subsequently there was no payment from the part of the government, and the ICIC returned the deposited  amount by way of D.D. and as per the instruction from the government,  the said amount was deposited in separate account maintained by the Panchayat.  Moreover the said facts were informed by the government  to the members through media.  Hence the second opposite party is not liable to pay any amount to the complainant. 

          The learned counsel for the appellants submitted before us that the appellants/ opposite parties themselves conducted   the case before the Forum and they could not produce certain relevant documents in support of their contention.  He prayed for remanding the matter enabling the appellants/opposite parties to adduce evidence to substantiate their case.

 In the circumstances, the order of the Forum below is set aside and the matter is remanded  to the Forum below  on condition that  the appellants deposit a sum of Rs. 2,000/- towards  costs to the respondent/complainant before the Forum within one month from today.  The above said amount can be withdrawn by the respondent/complainant.   The Forum below is  directed to give notice to both parties  and to permit all the parties to adduce evidence in support of their contentions if they so desire and dispose of the matter on merits.  The matter will stand posted  before the Forum  on 31.3.2011. 

          The office is directed to transmit the copy of this order to the Forum urgently.

                                     VALSALA SARANGADHARAN  ;  MEMBER

                                         S. CHANDRA MOHAN NAIR   ;  MEMBER