Kerala

StateCommission

A/244/2019

BIRLA SUN LIFE INSURANCE CO LTD - Complainant(s)

Versus

DEVASYACHAN - Opp.Party(s)

G SATHEESH

25 Aug 2021

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No.244/2019

ORDER DATED: 25.08.2021

 

(Against the Order in C.C.174/2018 of CDRC, Alappuzha)

 

 

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN	:	PRESIDENT
SRI. T.S.P. MOOSATH	:	JUDICIAL MEMBER
SRI. RANJIT  R.	:	MEMBER
SMT. BEENA KUMARY A.	:	MEMBER
SRI. K.R. RADHAKRISHNAN	:	MEMBER

                                   

                                               

APPELLANT:

 

 

Birla Sun Life Insurance Co. Ltd., represented by its Manager, Alappuzha – 688 011

 

(By Adv. Sreevaraham G. Satheesh)

 

VS.

 

 

RESPONDENT:

 

 

Devasyachan, Chirackal, Pitchu Iyer Junction, Mullackal, Alappuzha – 688 011

 

(By Adv. D. Sahadevan Nair)

 

 

JUDGEMENT

 

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN: PRESIDENT

 

          This appeal is preferred by the opposite party against an order passed by the Consumer Disputes Redressal Commission, Alappuzha in C.C.No.174/2018, allowing the same.   According to the appellant, the order was passed exparte and therefore an adjudication on the merits after giving opportunity to the appellant also to contest the case is imperative.  The counsel for the                  respondent/complainant submits that his client is aged 73 years and that it is necessary that the matter is disposed of as early as possible.  He only wants an early disposal of the complaint filed by him. 

          Having considered the respective contentions, we are of the opinion that an opportunity to the appellant to contest the case is necessary to be granted.  However, such an opportunity can be granted only on terms, considering the fact that the complaint filed by an aged person has been protracted, due to the lack of promptitude on the part of the appellant.

          In the result, this appeal is allowed.  The order appealed against is set aside and the appellant is given an opportunity to contest the complaint on condition that an amount of Rs.5,000/-(Rupees Five Thousand) is paid as costs to the respondent/complainant.  The respondent shall be at liberty to seek disbursement of the amount of costs from the amount of statutory deposit made by the appellant while filing the above appeal, on proper application.  The balance amount shall be released to the appellant on proper application.  The District Commission shall make an earnest endeavour to dispose of the consumer case within a period of six months.     

 

JUSTICE K. SURENDRA MOHAN	:	PRESIDENT
T.S.P. MOOSATH	:	JUDICIAL MEMBER
RANJIT  R.	:	MEMBER
BEENA KUMARY A.	:	MEMBER
K.R. RADHAKRISHNAN	:	MEMBER

 

 

 

 

 

SL