BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI
BEFORE Hon’ble Dr Justice S. TAMILVANAN PRESIDENT
Thiru S. M. MURUGESSHAN MEMBER
F.A.NO.433/2011
(Against order in C.C.NO.193/2008 on the file of the DCDRF, Chennai (South)
DATED THIS THE 9th DAY OF FEBRUARY 2017
1. K. Perarulalan
S/o. V.S. Krishnaswamy
2. K.P. Kulamani
S/o. K. Perarulalan
Both are residing at:
3-A, Kavya Apartment M/s. V. Balasubramanian
Church Road, Mogappair West Counsel for
Chennai – 600 037 Appellants / Complainants
Vs.
1. M/s. Medicare Services
No.6, Bishop Lefroy Road
Kolkatta – 700 020
Rep. by its Manager
2. M/s. Medicare Services
No.1, Circular Road
United India Colony
Kodambakkam, M/s. Elveera Ravindran
Chennai – 600 024 Counsel for
Rep. by its Manager Respondent/ Opposite parties
This appeal is remanded by the National Commission by setting aside the previous order of this commission dt.21.5.2013, as well as the order of the District Forum in CC.No.193/2008 dt.18.2.2011, with a direction to District Forum to restore the complaint, and conduct trial again, as per direction.
Dr. JUSTICE S. TAMILVANAN, PRESIDENT (Open court)
1. Bothsides present. It is brought to the notice of this commission that by the order of the Hon’ble National Commission, this matter is remanded back to the District Forum for fresh disposal.
2. Originally the main complaint was dismissed by the District Forum. Against the said order, an appeal was preferred before this commission by the complainant, which was allowed by this commission. Against which an appeal was preferred by the opposite party, before the National Commission. In the said Revision Petition, the following order is passed:
In view of the above as also that the Fora below has not properly addressed the issue of non joinder of insurance company as a party, we allow the revision petition and set aside the impugned order of the District Forum as also the State Commission and remand the matter back to the District Forum with a direction that petitioner shall move an application for amendment of complaint to implead necessary party which shall be decided by the District Forum within four weeks of the date of application and, thereafter, District Forum shall proceed to decide the complaint in accordance with law after giving due opportunity of hearing to the parties. Since this is a very old matter, we direct the District Forum to make a serious endeavor to dispose of the complaint expeditiously.
Counsel for the petitioner requests for release of decretal amount which was deposited by the petitioner with the District Forum pursuant to the conditional stay order passed by this commission on 4.3.2014. As the revision petition has been disposed of, we direct the District Forum concerned to release the amount, if deposited, to the petitioner after completing due formalities.
Parties to appear before the State Commission on 19.8.2016.
3. As per direction of the National Commission, both parties appeared before this commission.
4. In view of the order passed by the Hon’ble National Commission, the parties are directed to appear before the District Forum, Chennai (South) on 6.3.2017 for further proceedings.
5. Registry is directed to send the relevant records i.e., the additional documents marked by before this commission by the complainant, and other material records if any available, to the District Forum, Chennai (South).
6. Appeal disposed of accordingly, as per the direction of the Hon’ble National Commission.
S.M. MURUGESSHAN S. TAMILVANAN
MEMBER PRESIDENT
