Maharashtra

StateCommission

A/10/35

LIFE INSURANCE CORPORATION OF INDIA & ORS - Complainant(s)

Versus

SHRI JAYANT GANPAT VIRKUD - Opp.Party(s)

Mr.A.S. Vidyarthi

29 Sep 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
First Appeal No. A/10/35
(Arisen out of Order Dated 09/11/2009 in Case No. 82/2009 of District Raigarh)
1. LIFE INSURANCE CORPORATION OF INDIA & ORSPEN RAIGAD Maharastra2. LIFE INSURANCE CORPORATION OF INDIACHINTAMANI (EXTENSION) EXPRESS HIGHWAY, BOX NO. 464, MURPHY TOWER, THANEMAHARASHTRA3. LIFE INSURANCE CORPORATION OF INDIAYOGAKSHEMA, 2ND FLOOR, EAST WING, JEEVAN BIMA MARG, MUMBAI 21MAHARASHTRA ...........Appellant(s)

Versus
1. SHRI JAYANT GANPAT VIRKUD VARSHA APPT TAL ALIBAG RAIGAD Maharastra ...........Respondent(s)

BEFORE :
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBERHon'ble Mr. Dhanraj Khamatkar Member
PRESENT :Mr.A.S. Vidyarthi, Advocate for the Appellants. Mr.Yogesh Dandekar, Advocate for the Respondent 1

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ORDER

Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

    

     Admitted and heard forthwith with the consent of both the parties.

 

     This appeal takes an exception to an order dated 09.11.2009, passed in Consumer Complaint No.82/2009, Shri Jayant Ganpat Virkud V/s. The Life Insurance Corporation of India & Ors., by District consumer Disputes Redressal Forum, Raigad, (in short ‘Forum below’).

 

     It is a dispute about lapsed policy.  It is now submitted by both the parties and the Original Complainant also shown us a letter of Appellant/Insurance Company dated 9th July, 2010 whereby intimation to consider reissue of new policy for the lapsed policy is communicated by the Life Insurance Corporation.  In view of this development both parties requested that this subsequent development need to be brought on record. Therefore, they both requested for remand of the matter.  In the given circumstances, it would be desirable to set aside the impugned order and remand the matter back to Forum below for just and proper settlement of dispute.  We hold accordingly and pass the following order:

 

O  R  D  E  R

                                  

     (i)       Impugned order dated 09.11.2009 passed in consumer complaint no.82/2009 is set aside.

 

    (ii)       Matter is remitted back to Forum below and Forum below shall further allow both the parties to amend their pleadings and to lead their evidence as per provisions of Section 13(4) of the Consumer Protection Act, 1986 and thereafter hearing both the parties to settle the dispute accordingly.

 

  (iii)       Both parties are directed to appear before the Forum below on 29.11.2010.

 

  (iv)       Hearing of the consumer dispute be expedited.

 

PRONOUNCED :
Dated : 29 September 2010

[Hon'ble Mr. S.R. Khanzode]PRESIDING MEMBER[Hon'ble Mr. Dhanraj Khamatkar]Member