Haryana

StateCommission

A/212/2019

LIBERTY GENERAL INSURANCE LTD. - Complainant(s)

Versus

LEKH RAJ - Opp.Party(s)

YOGESH GUPTA

08 Mar 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                         First Appeal No. 212 of 2019

Date of Institution:28.02.2019

                                                               Date of Decision:08.03.2019

 

 

1.      Liberty General Insurance Ltd. Unit No.13B & 14, Ground Floor, Palm Court Building, Mehrauli Gurgaon Road, Sukhrali Chowk, Gurgaon through its Authorized Signatory.

 

2.      Liberty General Insurance Ltd., Registered and Corporate Office: 10^th Floor, Tower-A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Pearl, Mumbai-400013 through its Authorized Signatory.

…..Appellants

Versus

 

Lekh Raj son of Sh. Sish Ram, R/o Village Bhonkakra, Gurgaon.

 

                                      …..Respondent

 

 

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

                             Mrs. Manjula, Member.

                                                                                                         

Present:              Mr.Yogesh Gupta, Advocate for the  appellants.

 

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

1.                Delay in filing the present appeal is condoned for the reasons stated in the application.

2.                Present appeal has been filed by the appellants-opposite parties (in short ‘O.Ps’) against the impugned order dated 27.12.2018, passed by learned District Consumer Disputes Redressal Forum, Gurgaon (in short ‘District Forum’), vide which complaint bearing No.147 of 2017 filed by the complainant-respondent was allowed and directed as under:-

“thus we direct the opposite parties to reimburse the claim amount of Rs.1,66,028/- to the complainant in terms of the policy alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.20,000/-”.

3.                Feeling aggrieved therefrom, O.Ps-appellants have preferred this appeal.

4.                At the stage of hearing, learned counsel for appellants for the purpose of issuing notice of motion, has argued that the complainant has been submitting the claims times and again inspite of the fact that it has been already decided by the competent authority. If, the circumstances are like this, it amounts to be a abuse process of law as well as of the Court. However, directions are issued to the complainant-respondent to complete all the required formalities within a period of two months from the date of passing of this order and if all the formalities are completed in that eventuality, present appellants would decide the claim of the complainant within a period of one month. With these observations, appeal stands disposed of accordingly. File be consigned to record room.

5.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in` accordance with rules.

 

 

 March 08^th, 2019                   Manjula                                  Ram Singh Chaudhary                                                        Member                                  Judicial Member                                                                   Addl. Bench                           Addl.Bench               

 

R.K.