KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.567/11

JUDGMENT DATED 31/8/2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

The Manager,

HDFC Ergo General Insuracnce Co.Ltd;

Capital Centre, 2^nd floor,M.G.Road,                  --  APPELLANT

Trivandrum.                                                                                     

      (By Adv.Sreevraharam G.Satheesh)

                   Vs.

Indira,  W/o Padmadas,                                     -- RESPONDENT

Puthenpurayil House, Thrikkunnapuzha,

Arattupuzha North P.O, Alappuzha.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties/HDFC Insurance Company in CC.640/10 in the file of CDRF, Ernakulam.  The appellants/opposite parties were ex-parte before the Forum.   The appellants are under orders to pay the outstanding loan amount to the HDFC bank as per the policy.

2. It is the case of the appellants that the deceased died due to illness and not on any account of any accident which alone covered by the policy.

3. It is submitted that the file was misplaced and hence the appellant happened to be exparte before the Forum.  In the circumstances and in view of the facts involved, the order of the Forum is set aside on condition that the opposite party pay Rs.8,000/- towards costs to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.  On payment of cost the Forum will issue notice to the complainant and dispose of the case by a considered order.  The case stands posted before the Forum below on 26.9.2011.

The office will forward the copy of this order to the Forum below.

JUSTICE  K.R.UDAYABHANU--  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER