Kerala

StateCommission

RP/14/48

THE MANAGER, STAR HEALTH AND ALLIED INSURANCE CO PVT LTD - Complainant(s)

Versus

ROY JOHN - Opp.Party(s)

MANN JANARDHANAN NAIR

02 Dec 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

REVISION PETITION. 48/14

JUDGMENT DTD:02/12/15

 (Against the order in CC.No.07/14 on the file of CDRF, Wayanad, dated ; 24.09.2014)

 

PRESENT

 

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

SHRI.V.V.JOSE                              :  MEMBER

 

REVISION PETITIONERS

 

1. The Manager,

          Star Health Allied Insurance Co. Ltd.,

          Sulthan Bathery Branch,

          Afthab Building, NH – 212,

          Manikuni, Sulthanbathery. P.O.

          Wayanad.

 

2. The Manager,

          Star Health Allied Insurance Co. Ltd.,

          Zonal Office,

          1^st Floor, Vijay Plaza, S.S. Kovil Road,

          Thampanoor, Thiruvananthapuram.

 

          (By Adv. Sri. Mann Janarddanam Nair)

 

                                                                                                          Vs.

 

COUNTER PETITIONER

 

          Roy John,

          Star Health and Allied Insurance Co. Ltd.,

          Zonal Office, 1^st Floor, Vijay Plaza,

          S.S. Kovil Road, Thampanoor,

          Thiruvananthapuram.

JUDGMENT

 

SHRI.K.CHANDRADAS NADAR: JUDICIAL MEMBER

          In this revision petition the order of the CDRF, Wayanad, Kalpetta setting the opposite parties exparte on 24/9/2014 and posting the case for exparte evidence is challenged as illegal and irregular.  The proceedings before the Forum shows that on 30/07/14 when the matter stood posted for  filing version as final chance both parties submitted that there was chance for settlement  Hence the matter come up for reporting settlement on 25/08/2014.  Again on similar submission the matter comes up for reporting settlement on 24/09/2014.  On the said day both parties were represented but they failed to report settlement.  Hence the opposite parties /revision petitioners were set exparte holding that statutory time to file version was over.  Failure to report settlement was the obvious reason for passing the order and the order was passed on a day on which posting was only for reporting settlement.  This procedure was clearly irregular and hence not sustainable.

          Therefore the revision petition is allowed.  The order of CDRF, Kalpetta in CC No.7/14 dated 24/09/14 is set aside.  The Forum shall after affording opportunity to the opposite parties to file version, record evidence and dispose of the complaint in accordance with law.  The parties shall appear before the Consumer Forum on 29/01/2016.  Send back the records immediately.

 

K.CHANDRADAS NADAR   : JUDICIAL MEMBER

 

 

 

V.V.JOSE                               :  MEMBER

 

 

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KERALA STATE

 CONSUMER DISPUTES

REDRESSAL COMMISSION

 SISUVIHARLANE VAZHUTHACADU

 THIRUVANANTHAPURAM

 

 

 

REVISION PETITION. 48/14

JUDGMENT DTD:02/12/15

 

 

 

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