Kerala

StateCommission

A/15/538

HDFC STANDARD LIFE INSURANCE CO LTD - Complainant(s)

Versus

MUHAMMED M - Opp.Party(s)

SAJI ISSAC

22 Dec 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL. NO.538/15

JUDGMENT DATED:22.12.2015

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

1. HDFC Standard Life Insurance Co. Ltd.,

Okhala Industrial Area, Phase 1,                                   

New Delhi-110 020.

 

2. HDFC Standard Life Insurance Co. Ltd.,                     : APPELLANTS

Branch Office, HDFC SL, SBI Building,

Opp. KSEB Bhavan, Calicut Road,

Manjeri-676 121.

 

(By Adv: Sri. Saji Isaac K.J)

 

            Vs.

Muhammed M,

Mandodan House, Valiyora P.O,                                    : RESPONDENT

Malappuram Dist-676 304.

JUDGMENT

 

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

 

This is an appeal filed by the opposite parties in CC.330/2014 on the file of Consumer Disputes Redressal Forum, Malappuram challenging the order of the Forum dated March 6, 2015 allowing the complaint.

2.      Complainant filed the complaint for refund of Rs.45,175/- deposited by him with the opposite party, Insurance Company alleging deficiency of service. The opposite party is HDFC Life Insurance Company Ltd. who remained absent before the Forum.  Therefore Forum accepted the evidence of the complainant PW1 and marked Exts.A1 to A5 and allowed the complaint directing the opposite parties to refund Rs.45,175/- with interest and a cost of Rs.5000/-.  Opposite parties have now come up in appeal challenging the said order of the Forum.

3.      The appellants in this appeal contended that they were unable to appear before the Forum as they noted the date for appearance wrongly.

4.      In this appeal the respondent/complainant appeared in person. 

5.      Taking into account the nature of the contentions raised by the parties we feel that an opportunity should be given to the appellants to contest the matter on merits.  Therefore the appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  He appellants shall pay Rs.3000/- to the complainant before the Forum towards cost.  Both parties shall appear before the Forum on February 29, 2016.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V. JOSE : MEMBER

VL.