Per Mr. S.R. Khanzode, Hon’ble Presiding Judicial Member :
These appeals take an exception to the order dated 31.3.2011 passed in consumer complaint No. 211/2008, Shri B.C. Patil V/s National Insurance Company Ltd., passed by the Additional Consumer Disputes Redressal Forum, Thane District, Navi Mumbai (‘the Forum’ in short). Undisputedly, respondent/original complainant Mr. B.C. Patil, a senior citizen is a beneficiary of a Senior Citizen Life Insurance Scheme 2004-2007 floated by Navi Mumbai Mahanagar Palika with the help of National Insurance Company Ltd. Both these parties are respectively hereinafter referred to as Corporation and the Insurance Company. As per the said policy, 50% of the premium amount was to be paid by the insured while 50% premium amount was to be contributed by the Corporation. Accordingly, complainant Mr. Patil and the Corporation had paid their respective share of the premium for the period from 17.10.2006 to 17.10.2007. After lapse of said policy, it is alleged by the complainant that on 3.10.2007, he had received a phone call from the original opponent No.2 – agent of Caps Insurance Service Pvt. Ltd. for revival of the said policy and accordingly, on 4.10.2007, complainant claimed to have paid his contribution of `251/- with one Mr. Sachin described as an agent of Caps Insurance Service Pvt. Ltd. Thereafter, the Corporation had paid its share on 05.07.2008. In the meantime, in the month of November 2007, complainant Mr. Patil suffered heart problem and got his Angiography done on 13.11.2007 and further bye-pass surgery at Metro Hospital, Ghatkopar on 01.01.2008. The mediclaim was made to the Insurance Company. However, the said claim was neither repudiated nor accepted and therefore, the consumer complaint was filed on 22.12.2008 against the Insurance Company, Corporation and Caps Insurance Service Pvt. Ltd. By the impugned order, the Forum partly allowed the complaint and directed the Insurance Company and the Corporation to pay compensation of `25,000/- towards the medical expenses and further `25,000/- as compensation towards mental torture and `5,000/- as costs. Feeling aggrieved thereby, the Corporation preferred the appeal bearing No. 781/2009 while the Insurance Company preferred the appeal bearing No. 937/2009. it may be pointed out that Caps Insurance Service Pvt.Ltd.-original opponent No.2 though put appearance before the Forum, failed to put its appearance in this appeal.
Both the appeals are admitted and heard forthwith with the consent of both parties.
In the instant case, the real dispute revolve around the fact viz. as to whether the complainant has paid his part of renewal premium to the authorized agent of the Insurance Company. Other issue involved is about the late payment of its share of the premium by the Corporation and what shall be the effect of non-payment of the premium to the agent of the Insurance Company (if so established) and late payment by the Corporation, on the status of the Insurance Policy. All these issues are not at all addressed by the Forum and thus, in effect, the impugned order is not a reasoned order. It will not sustain in the eyes of law. Therefore, we find necessary to remand back the matter to the Forum to consider all the necessary aspects and as submitted by both the parties, giving them opportunity to lead their respective evidence as per section 13(4) of the Consumer Protection Act, 1986, since these provisions are observed only in breach. In fact those provisions were overlooked by the parties as well as by the Forum. After considering all these aspects, we do find that there is a miscarriage of justice and which needs to be removed. Hence, submission of the parties for remand of the matter need to be favourably considered. For the reasons stated above, we hold accordingly and pass the following order :
O R D E R
Both the appeals are allowed. The impugned order dated 31.3.2011 is set aside. The consumer complaint No. 211/2008 is remitted back to the Forum for retrial from the stage of recording evidence under section 13(4) of the Consumer Protection Act, 1986 and then to settle the dispute accordingly to law. Both parties shall appear before the Forum on 17.10.2011. Copy of the order be sent to the Forum. Both the parties to bear their own costs. The appeals stand disposed off accordingly.
Pronounced dated 16th September 2011.
