Karnataka

Bangalore 2nd Additional

CC/1645/2009

M.G. Rajkumar - Complainant(s)

Versus

ICICI Lombard General Insurance co., Ltd., - Opp.Party(s)

IP

21 Dec 2009

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/1645/2009

M.G. Rajkumar
...........Appellant(s)

Vs.

ICICI Lombard General Insurance co., Ltd.,
TTK Health Care Services Pvt., Ltd.,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Learned advocate for the opposite party No. 1 submits that the complainant has not submitted his claim form to the opposite party No. 1 company. Therefore, question of repudiation of the claim does not arise. The learned counsel submitted that complainant may be directed to put up the claim before opposite party No. 1 with all necessary documents and after receipt of the claim form with documents the opposite party company will take proper and appropriate decision on the claim of the complainant. The representative of the complainant was present and he submitted that opposite party No. 1 company be directed to settle the claim within a reasonable time after receipt of the claim form. The said submission is quite fair and reasonable. On perusal of the record submitted by the complainant it is clear that the complainant has not produced repudiation letter of opposite party No. 1. It is also clear that the complainant has not submitted claim form along with documents to opposite party No. 1 company. Therefore, the complainant will get cause of action only after the settlement of the claim either way by opposite party No. 1. Therefore, the submission made by the learned counsel for the opposite party No. 1 that complainant may be directed to put up the claim to opposite party No. 1 is quite fair, just and reasonable. Therefore, taking into consideration of all the submissions made by both the parties I proceed to pass the following: ORDER 2. The complainant is directed to put up his claim before opposite party No. 1 company along with all necessary documents. The opposite party No. 1 after receipt of the claim form from the complainant shall settle the claim of the complainant within 30 days and intimate the decision to the complainant immediately. The complainant is free to take all the documents produced here and he shall submit claim form along with documents to opposite party No. 1. By this direction the present complaint deserves to be closed and disposed off as it is a premature one. 3. Send the copy of the order to both the parties free of cost immediately. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER