Madhya Pradesh

StateCommission

FA/11/464

RAJJAK - Complainant(s)

Versus

CHOLAMANDALAM GIC - Opp.Party(s)

10 Feb 2020

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

 

                                  FIRST APPEAL NO. 464 OF 2011

(Arising out of order dated 03.06.2010 passed in unregistered C.C. by District Forum, Seoni)

 

RAJJAK S/O SHRI SHEIKH SAREEN.                                                                    …          APPELLANT

 

Versus

                 

CHOLAMANDLAM GENERAL INSURANCE CO.LTD. & ANOTHER.                     …         RESPONDENTS.                                       

 

BEFORE:

 

                  HON’BLE DR. (MRS) MONIKA MALIK                           :      PRESIDING MEMBER 

                  HON’BLE SHRI S. S. BANSAL                                       :      MEMBER

                  HON’BLE SHRI PRABHAT PARASHAR                        :      MEMBER                                 

 

                                      O R D E R

10.02.2020

 

          Ms. Mona Paliwal, learned counsel for the appellant.

             Shri Ravindra Tiwari, learned counsel for the respondent no.1.

             None for the respondent no.2.

                       

As per Dr. Monika Malik :                       

            This appeal arises out of order dated 03.06.2010 passed by the District Consumer Disputes Redressal Forum, Seoni (for short ‘Forum’) in an unregistered complaint, whereby the Forum has dismissed the complaint filed by the appellant/complainant at preliminary stage holding that the complaint is barred by limitation.

2.                     The Forum has held in the impugned order that the complaint was filed after a period of two years of death of the insured and therefore, it is not maintainable on the ground of limitation.

3.                     We have heard learned counsel for parties and perused the record.

4.                     We observe that in compliance of order dated 01.07.2014, the Registrar vide letter dated 08.07.2014 to the District Education Officer, had sought information regarding relevant record in respect of death of Shahnaz D/O Shri Razzaq, especially the letter sent to the insurance company informing the death of insured. In this letter to the respondent no.2 District Education Officer, District-Seoni there is reference of intimation of death of the insured to the insurance company.  To clarify the matter, it is necessary that parties be given opportunity to represent their version.  Before the Forum, the notice could not be issued to opposite parties and the case was decided at the admission stage. Therefore, in the present set of circumstances, in the interest of justice we deem it appropriate that the case be remanded to the District Forum to decide the matter afresh, after giving opportunity of hearing to opposite parties.

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5.                     Parties are directed to appear before the Forum on 12.03.2020.

6.                     The District Forum is directed to proceed with the matter in accordance with law. Question regarding maintainability of complaint as also question of limitation are open.

7.                     With the aforesaid observations and directions, the impugned order is set-aside. The appeal stands disposed of.   

 

           (Dr. Monika Malik)        (S. S. Bansal)         (Prabhat Parashar)

            Presiding Member          Member                        Member