NCDRC

NCDRC

RP/3311/2011

MAX NEW YORK LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

GOVINDBHAI VASHRAMBHAI DUDHATRA - Opp.Party(s)

MR. AMIT BANSAL

23 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3311 OF 2011
 
(Against the Order dated 30/06/2011 in Appeal No. 524/2011 of the State Commission Gujarat)
1. MAX NEW YORK LIFE INSURANCE CO. LTD.
Kailash Complex-A 1st floor,Bus Station Road, Gondal - 360311
Rajkot
Gujarat
...........Petitioner(s)
Versus 
1. GOVINDBHAI VASHRAMBHAI DUDHATRA
R/o Ratandeep 5/6 Gayatrinagar, Gondal - 360311
Rajkot
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. AMIT BANSAL
For the Respondent :
Mr.Rakesh Malhotra, Advocate

Dated : 23 May 2012
ORDER

        Petitioner repudiated the claim lodged by the respondent on the ground that the insured had suppressed material facts while taking the policy.  District Forum allowed the complaint.  Petitioner, being aggrieved, filed the appeal before the State Commission, which has been dismissed without recording any reasons in support of the conclusions arrived at.

        Limited Notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law. 

        State Commission, being the court of first appeal, is the final court of fact.  It is supposed to record the contentions raised by the parties and the reasons in support of the conclusions arrived at.  In the present case, State Commission has dismissed the appeal by simply endorsing the finding recorded by the District Forum without even recording the submissions made by the counsel for the parties. 

Order of the State Commission is a non-speaking order.  The same is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law.

Parties are directed to appear before the State Commission on 19th July 2012.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.