26.02.2024:

ORDER

BY Mr. K B SANGANNANAVAR: JUDICIAL MEMBER

01.   This is an Appeal filed by the opposite parties in C.C. No.490/2017 on the file of District Consumer Disputes Redressal Forum, Mandya, aggrieved by the order dated: 22.09.2017.

02.   The parties to this Appeal will be referred to as their rank assigned to them by the Commission below.

03.   The Commission heard the Learned Counsel for Appellant, perused the impugned order, grounds of Appeal and Appeal papers.

04.   The Opposite party/Appellant has filed an IA under order XLI Rule 27 of CPC along with this appeal to take on record Annexure-1 to 7 documents, for proper adjudication of the matter.  We   examined the impugned order, wherein the District Forum had directed the opposite parties/Appellants to pay a sum of Rs.4,30,000/- to the complainant along with compensation of Rs.5,000/- and litigation expenses of Rs.2,000/- within 02 months from the date of the order failing which the opposite parties/Appellants shall pay interest at 9% per annum on Rs.4,37,000/-. 

05.   The complaint is raised by son of Mr. Devegowda, who has obtained an insurance policy on 10.01.2012 by paying one time premium of Rs.44,586/-. The sum assured under this policy was Rs.4,30,000/-. After obtaining policy the insured Devegowda,  died on 08.05.2012 i.e., He died within 3 plus months from the date of obtaining the policy. The Ops contested the complaint. In view of the rival contentions, the District Forum held an enquiry and recorded a finding, repudiation is not justified and as a result directed insurer to pay the sum assured of Rs.4,30,000/- to the complainant.  It is this order being assailed in this appeal.  The opposite parties/Appellants have placed additional documents, commencing from copy of the proposal form, copy of the claim statements, copy of the investigation report, copy of the case summary sheet of Kidwai Medical Institute of Oncology, Copy of the discharge summary issued by R.L. Jalappa Hospital and Research Centre and copy of the death claim intimation which provides death claim statement last attending physician statement, family doctor statement and other supporting documents along with letter dated: 21.01.2015. 

06.   We have examined these documents and found proper to re-consider the case of the complaint by the District Forum. In such circumstances, we are of the opinion opportunity has to be given to the OP/appellant to place these  documents before the District Forum to appreciate their defence put forth in their version. In such conclusion we found deem fit to remand back  the case to the District Forum,  without expressing any opinion on these documents and leave the matter to be reconsidered by the District Commission afresh and as a result,   proceed to allow the Appeal. Consequently set aside the order dated: 22.09.2017 passed in CC No.490/2015 on the file of the District Consumer Disputes Redressal Forum, Mandya, with a direction to readmit the complaint and afford opportunity to both parties to place additional evidence and decide the complaint in accordance with law as early as possible not later than three months from the date of receipt of the order.

07.   The amount kept in deposit shall be transferred to concerned District Commission for needful.

            Sd/-                                                                      Sd/-                    

LADY MEMBER                                           JUDICIAL MEMBER

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