Circuit Bench Nagpur

StateCommission

A/08/602

BRANCH MANAGER,NATIONAL INSURANCE CO.LTD - Complainant(s)

Versus

RAJESH KAILSASHPRASAD TRIVEDI - Opp.Party(s)

ADV W.G.POUNIKAR

13 Jul 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA CIRCUIT BENCH AT NAGPUR 5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1 CIVIL LINES, NAGPUR-440 001

First Appeal No. A/08/602 (Arisen out of Order Dated 18/06/2008 in Case No. Complaint Case No. CC/08/02 of District )   1. BRANCH MANAGER,NATIONAL INSURANCE CO.LTD BRANCH MEHTA MARKET MAIN ROAD WARDHA ...........Appellant(s) Versus 1. RAJESH KAILSASHPRASAD TRIVEDI R/O BORI ARAB TAH DARVHA DIST YAVATMAL PRESENT R/O NEHRU WARD HINGANGHAT DIST WARDHA ...........Respondent(s)

BEFORE:     HON'BLE P.N.KASHALKAR PRESIDING MEMBER   HON'BLE N. ARUMUGAM MEMBER

PRESENT: Adv.Mr W G Paunikar ......for the Appellant   None ......for the Respondent

ORDER Per Mr P N Kashalkar, Hon’ble Presiding Member   Heard Adv. Mr W G Paunikar for the appellant. None has appeared for respondent.    1.      This appeal is filed by the original o.p. against the judgement and award dtd.18.06.2008 passed by District Consumer Forum Wardha in CC/08/2, whereby the Forum below directed o.p.- Insurance Co to pay sum of Rs.2,22,860 after deducting the 10% depreciation i.e. Rs.22,286/- and Rs.42,600/- which was already paid to the respondent i.e. net amount of Rs.1,57,000/- alongwith 7% interest from 30.07.2007 was directed to be paid by the o.p.-Insurance Co. Aggrieved by this order Insurance Co has filed this appeal.   2.      We are inclined to remand this complaint back to the District Forum, Wardha for the simple reason that the Forum consisted of President and two sitting Members and the impugned order shows that it is signed only by President – Mr Somani and one sitting Member - Mrs. Joshi. Other Member Mr A. Kulkarni has not put his signature on it. The judgement must be signed by three members sitting in the Bench who are hearing the complaint. In the present case the judgement is signed by only two persons and there is no signature of Mr Arun Kulkarni who was another member sitting with President and other Member.    3.      For this reason the impugned order is not sustainable in law. Hence, we are inclined to quash and set aside the order passed by District Forum, Wardha and remit back the complaint to the District Forum. While remitting the complaint, we make it clear that the judgement should be signed by the President and members, who are sitting and hearing the complaint.   Hence, we pass the following order:-    ORDER   1.      The impugned order is quashed and set aside and the complaint is remitted back to the District Forum, Wardha for fresh disposal according to Law in the light of observations made hereinabove.    2.      The Forum is directed to issue notice to both the parties for further proceedings.   3.      Copy of this order be supplied to the parties as well as to the District Forum, Wardha.              Pronounced on 13.07.2011.

[ HON'BLE P.N.KASHALKAR] PRESIDING MEMBER   [ HON'BLE N. ARUMUGAM] MEMBER