DEBASIS BHATTACHARYA, PRESIDING MEMBER

Date : 13.06.2016

           Being aggrieved and dissatisfied with the impugned order dated 20.08.2014 in C.C. No. 512/2014 passed by the Ld. District Consumer Disputes Redressal Forum, Unit – I, Kolkata (North), (in short, District Forum), the Complainant thereof has preferred this appeal. By the said order, the Ld. Distinct Forum has rejected the case.

           In this case, vide the impugned order, the Ld. District Forum has rejected  the case at the first instance without considering the claim.

             The main grievance of the Complainant against the Insurance Company is for refund of Rs.1,86,192.03, deducting Rs.14,321.44, as already paid, along with compensation and litigation cost. So, simply on the ground that the Insurance Company has refunded the single premium paid by the complainant of Rs.14, 321.44 is not a reasonable and justified order for outright rejecting the complaint petition just at the threshold. The Ld. District Forum should have gone into the merit of the case. This is not a case in which the complaint can be rejected in limine without considering the total and whole case, but on preliminary point. Matter requires to be gone into on the basis of evidence  to be cited by both the parties, if the OP is willing to contest , otherwise on  the basis of the evidence , oral and documentary of the complainant.  Accordingly, the impugned order can not sustain and is set aside.  Appeal is thus allowed.