Kerala

StateCommission

A/13/537

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

Versus

GEORGE - Opp.Party(s)

AGI JOSEPH

25 Nov 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.537/13

 

JUDGMENT DATED:25.11.2014

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

 

The Manager,

ICICI Prudential Life Insurance Co. Ltd.,

Thodupuzha Branch,                                                        : APPELLANT

Thodupuzha P.O, R/by its

Authorised Officer.

 

(By Adv: Sri.Agi Joseph & Narayanan R)

 

            Vs.

 

George M.V,

Maramkandathil House,

Mulappuram.P.O,                                                                : RESPONDENT

Thodupuzha, Idukki District.

 

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

 

This is an appeal filed by the opposite party in CC.275/12 on the file of CDRF, Idukki challenging the order of the Forum dated, January 30, 2013 setting the appellant/opposite party exparte and allowing the complaint.

2.      Complainant filed the complaint before the Forum alleging that complainant has availed an insurance policy with the opposite party by paying a premium of Rs.3 lakhs and that the agent of the company has assured him that after paying premium for three years complainant can close the policy at any time and he will be repaid the amount paid along with the bonus and that when complainant approached the opposite party for return of the amount on November 08, 2012 only Rs.8,34,038/- instead  of Rs.9 lakhs was paid and that therefore opposite party is liable to pay the balance amount to him.

3.      As the opposite party remained absent before the Forum, the complainant was examined as PW1 and Exts.P1 series and P2 series were marked before the Forum.  The Forum allowed the complaint directing the opposite party to pay the balance amount of Rs.65,962/- with interest and a cost of Rs.2000/-.  Opposite party has now come up in appeal challenging the said order of the Forum.

4.      Taking into account the nature of the contentions raised by the parties we felt that an opportunity should be given to the opposite party to contest the matter on merits.  Therefore on September 23, 2014 we have directed the appellant to deposit the entire amount as ordered by the Forum before the Forum.  But the opposite party has produced the DD for the entire amount in this Commission which is accepted. 

Hence appeal is allowed.  The order of the Forum allowing the complaint is set aside.  Matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on 07.01.2015.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V JOSE  : MEMBER

 

 

VL.