STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No  :            387 of 2015

Date of Institution:           28.04.2015

Date of Decision :            20.08.2015

1.      Max Life Insurance Company Limited, Operation Centre, Sector 16, Faridabad, Haryana.

2.      Max Life Insurance Company Limited, Branch Office, Faridabad, Sector 16, Faridabad, Haryana through its MD/Manager/Authorised Officer of the Company.

                                      Appellants-Opposite Parties

Versus

Smt. Reka Goel w/o Sh. Ashwani Kumar Goel, r/o House No.1696, Jawahar Colony, NIT, Faridabad, Haryana.

                                      Respondent-Complainant

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.

Present:               Shri Nitesh Singhi, Advocate for appellants.

Shri Kunal Dawar, Advocate for respondent.

                                                   O R D E R

NAWAB SINGH J.(ORAL)

This appeal has been preferred by Max Life Insurance Company Limited – Insurance Company (appellants) against the order dated October 29^th, 2014 passed by District Consumer Disputes Redressal Forum (for short District Forum), Faridabad, whereby, complaint filed by Smt. Reka Goel-complainant was accepted directing the Insurance Company to pay Rs.5,60,522/- alongwith interest at the rate of 9% from the date of filing of the complaint till its realization; Rs.5500/- as compensation towards mental agony and harassment and Rs.2200/- litigation expenses.

2.      Sh. Ashwani Kumar Goel (since deceased) husband of complainant purchased insurance policy No.825331549 dated August 30^th, 2010 for Rs.5,60,522/- from the Insurance Company.  The husband of complainant expired on November 10^th, 2012 at Sir Ganga Ram Hospital, New Delhi during his treatment. The complainant submitted claim with the Insurance Company but it was not settled.

3.      Notice of the complaint was issued to the Insurance Company at it’s given addresses.  Insurance Company was proceeded ex parte by the District Forum vide order dated October 01^st, 2013 observing as under:-

          “……….Registered notice sent to the respondent No.1 & 2 on 26.08.2013.  More than one month has passed.  Neither registered cover received nor anyone appeared on behalf of OP No.1 and 2 till 2.30 P.M.  Therefore, OP No.1 and 2 are proceeded ex parte and the complaint is adjourned to 12.11.2013 for filing the evidence of the complainant.”

4.      Perusal of record reveals that on October 01^st, 2013, the District Forum proceeded ex parte against the appellants, as notice of the complaint not received back served or unserved and more than one month had passed.  Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the appellants.  Since the Insurance Company was proceeded ex parte before the District Forum and as such it could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the Insurance Company to contest the complaint on merits.  Learned counsel for the respondent-complainant has fairly conceded that complainant has no objection in granting opportunity to the appellants to contest the complaint on merits. 

5.      In view of above, the appeal is accepted and the impugned order is set aside. The Insurance Company is accorded opportunity to join the proceedings and parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum, Faridabad with the direction to decide the complaint expeditiously preferably within a period of three months, which shall be from the date of first appearance of the parties. 

6.       The parties are directed to appear before the District Forum, Faridabad on September 22^nd, 2015.

7.      Copy of this order be sent to the District Forum.

UK