Kerala

StateCommission

CC/07/9

R.Sukumaran Nair,Managing Director - Complainant(s)

Versus

M/s.ICICI Prudential Life Insurance Company,Rep.by Manager - Opp.Party(s)

S.P.Chaly

21 May 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
consumer case(CC) No. CC/07/9

R.Sukumaran Nair,Managing Director
...........Appellant(s)

Vs.

M/s.ICICI Prudential Life Insurance Company,Rep.by Manager
ICICI Bank, Rep.by Branch Manager
...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SMT.VALSALA SARNGADHARAN 3. SRI.M.A.ABDULLA SONA

Complainant(s)/Appellant(s):
1. R.Sukumaran Nair,Managing Director

OppositeParty/Respondent(s):
1. M/s.ICICI Prudential Life Insurance Company,Rep.by Manager 2. ICICI Bank, Rep.by Branch Manager

For the Appellant :
1. S.P.Chaly

For the Respondent :
1. G.S.Kalkura 2.



ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                    VAZHUTHACADU THIRUVANANTHAPURAM
 
             CC.NO:9/2007
                             ORDER DATED.21..5..2008
 
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU                   : PRESIDENT
 
SMT.VALSALA SARNGADHARAN                   : MEMBER
 
SRI.M.K. ABDULLA SONA                                 : MEMBER
 
R.Sukumaran Nair,
Managing Director,
S & C Multi Commercials Pvt.Ltd.,                        : COMPLAINANT
59/2203, 4th floor, Seetharam Complex,
Chittoor Road, Kochi-682 018.
 
(By Adv: M/S S.P.Chaly, K.S.Sumitha & Others)
 
          V.
1.M/S ICICI Prudential,
 Life Insurance Company,
 JoscoFashionJewelleryBuilding,
 M.G.Road, North End, Ernakulam,
Repd. by its Manager.
 
(R1 by Adv: Smt.Nirmala Velayudhan)
 
2. ICICI Bank,                                                       : OPPOSITE PARTIES
 Opposite Padma Theatre,
 M.G.Road, Ernakulam,
Repd. by its Branch Manager.
 
(R2 by Adv:Sri.G.S. Kalkura)
 
 
 
 
                                                ORDER
 
JUSTICE SHRI.K.R. UDAYABHANU : PRESIENT
 
The complainant has sought for a compensation of Rs.45.lakhs and cost of Rs.10,000/- from the opposite parties, the Insurance Company and the ICICI Bank. The case is that the life time policy with coverage of Rs.50.lakhs happened to get lapsed as the 2nd opposite party bank did not remit monthly premium as instructed and the 1st opposite party, the Insurance company did not intimate him in time. The 2nd opposite party/bank had remitted 5 monthly instalments only from October 2006 onwards. The Insurance Company intimated about the same only on 11..5..2007. The premiums have been remitted only for 5 months. The complaint has been filed on 13..8..2007.
2. The counsel for the opposite parties have contended that the case is not maintainable before this Commission. Of course the amount claimed exceeds Rs.20.lakhs. It is his contention that the claim is highly inflated. We agree with the objection raised by the counsel for the opposite parties. It appears that the exorbitant claim has made only because he has to pay a court fee of Rs.2000/- only. There is nothing to show that he has actually sustained any loss as such or loss to the tune of Rs.45.lakhs. The complainant is directed to initiate the proceedings before the district forum limiting his claim to a reasonable extent. The complaint is not maintainable before this commission. The complaint will be returned to the complainant for re-presenting before the district forum.
 
                              JUSTICE K.R. UDAYABHANU : PRESIDENT
 
                              VALSALA SARANGADHARAN      : MEMBER
 
                              SRI.M.K. ABDULLA SONA              :MEMBER
 
VL.



......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
......................SRI.M.A.ABDULLA SONA