KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHPAURAM FA.52/09 JUDGMENT DATED: 7.5.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER 1.Bajaj Allianz Life Insurance Company Ltd.,., : APPELLANTS having its Registered office at G.E.Plaza, Airport Road, Yerwade, Pune 411006. 2. The Branch Manager, Bajaj Allianz Life Insurance Company Ltd., Amritha Towers, Mele Pattambi, Pattambi, Palghat. (By Adv.C.S..Rajmohan) Vs. Leela, w/o Late Dr.Mohandas. : RESPONDENT Mangattil House, Thattampadi, Edappal, Malappuram District. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT. The appellant is the opposite party/Insurance Company in CC.106/07 in the file of CDRF, Palakkad. The appellant is under orders to pay a sum of Rs.1,00,000/- assured amount, Rs.5000/- as compensation and Rs.1000/-as cost. The appellant was ex parte before the Forum. It is mentioned in the appeal memorandum that Bank Manager who was authorized to contest the matter was transferred and his successor in office was not aware of the existence of the case.. It is the contention of the appellant that the deceased had a history of diabetis for six months and hypertension for 7 years and the above facts were suppressed in the proposal form. 2. In the circumstance the order of the Forum is set aside on condition that the appellant/opposite party pay an amount of Rs.5000/- towards cost to the complainant. The amount has to be deposited within 20 days of the receipt of this order before the Forum. The same can be withdrawn by the complainant. The Forum will issue notice to the complainant and permit the opposite parties to file version and adduce evidence and dispose of the matter on merits 3. The matter shall stand posted before the Forum on 1. 7.09. Office is directed to despatch this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER ps | 
