Haryana

StateCommission

A/1026/2015

ICICI PRU. LIFE INSURANCE CO.LTD. - Complainant(s)

Versus

DAYA CHAND - Opp.Party(s)

B.S.DOGRA

11 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  : 1026 of 2015

Date of Institution: 02.12.2015

Date of Decision : 11.11.2016

 

1.      General Manager, ICICI Prudential Life Insurance Company, BSEL Tech Park, B Wing, 9^th Floor, Office No. 906, Sector 30A Opp. Vashi Station Vashi, Navi Mumbai-400 703.

2.      ICICI Life Insurance Company Limited, NIT, Faridabad 55, Krishan Tower, Ist Floor BP Neelam Bata Road, Near Escort Hospital, NIT No. 1, Faridabad through its Manager.

                                      Appellants-Opposite parties

 Versus

 

Daya Chand son of late Smt. Gulkandi resident of House No. 39, Village Khairal, Tehsil Chhata, Distt. Mathura.

                                     

                                      Respondent- Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. B.S. Dogra, Advocate for the appellants

Sh. Ravi Kant, Advocate for the respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          General Manager, ICICI Prudential Life Insurance Company  and ICICI Life Insurance Company- opposite parties are in appeal against the order dated 14.09.2015 passed by the District Consumer Disputes Redressal Forum, Faridabad (in short, ‘District Forum’) in complaint No. 168 of 2015 vide which the complaint was allowed and opposite parties were directed to pay Rs.2,42,000/- alongwith interest @9% p.a. from the date of filing of the complaint till its realisation and Rs.5500/- on account of mental agony and harassment and Rs.2200/- as litigation expenses.

2.      Daya Chand-complainant filed complaint with allegation that his mother Smt. Gulkandi purchased Life Insurance Policy with assured sum of Rs.4,84,000/- and died on 10.01.2013.  Complainant being nominee lodged the claim which was not paid.  The complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.      Notice being issued to the opposite parties, none appeared on their behalf and complaint was allowed ex-parte. 

4.      Opposite parties have come up in appeal.

5.      Indisputably, the impugned order was passed ex-parte.  One of the plea raised by the learned counsel for appellant is that infact Smt. Gulkandi had died before the policy was purchased. Since the appellants were proceed ex-parte before the District Forum, as such could not contest the complaint on merits, therefore, it would be in the interest of justice to grant an opportunity to the appellants to contest the complaint on merits.  Thus the appeal is accepted and the impugned order is set aside subject to the cost of Rs.5000/- to be paid by the appellants to the complainant before the District Forum.  The appellants are granted opportunity to join the proceedings and parties shall be entitled to lead evidence etcetera.  The case is remanded to the District Forum with the directions to decide the complaint expeditiously.    

6.      The parties are directed to appear before the District Forum on 29.11.2016.

7.      Copy of this order be sent to the District Forum.

8.      The statutory amount of Rs. 25000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 11.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President