DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.367/2017

MA-324/2017

    Date of Filing:                                                                 Date of Disposal:

     08.12.2017                                                                         15.12.2017

 Complainants:    1) Smt. Jamuna Pyne, W/o Late Tushar Kanti Pyne,

                                    Kailashnagar, Hridaypur, P.S.-Barasat,

                                    District-24 Parganas (North), Kolkata-700 127.

                                2) Sri. Tuhin Pyne, S/o Late Tushar Kanti Pyne, Kailashnagar,

                                     Hridaypur, P.S.-Barasat, District-24 Parganas (North),

                                      Kolkata-700 127.

                                                                   Vs.

Opposite Parties:  1) Shriram General Insurance Company Limited,

                                      A joint venture with Sanlam, South Africa, E-8, EPPIP,

                                      RIICO, Sitapura, Jaipur (Raj)-302022.

                                 2) Shriram Fortune Solutions Limited, 25/3, Jessore Road,

                                      Barasat, Ganesh Bhawan, 3^rd Floor, P.O. & P.S.-Barasat,

                                      District-24 Parganas (North), Kolkata-700 124.

                                 3) Sri. Ram Sanehi Verma, Business Development Executive,

                                      Staff of the aforesaid company at Barasa,

                                      25/3, Jessore Road, Barasat, Ganesh Bhawan, 3^rd Floor,

                                      P.O. & P.S.-Barasat, District-24 Parganas (North),

                                      Kolkata-700 124.

                                 4) B.B. Automobile, N.H. 34 Moynagodi, Noapara, Barasat,

                                      North 24 Parganas, Kolkata-700 125.

P R E S E N T :-   Sri. Bankim Chandra Chattopadhyay…………President.

                        :-  Smt. Silpi Majumder………………………………Member.

ORDER: 11

This order is arising out of the MA being no-324/2017 in the CC no-367/2016 filed by the Complainants praying for production of some documents by the OPs lying under their custody.

In the application it is stated by the Complainants that though on their evidence has not been adduce, but for adducing the same some documents are required, lying under the custody of the OPs. It is stated by the Complainant that for proper adjudication of this complaint the Proposal Forms for two consecutive years are required to be produced by the OPs, which admittedly lying with them and until and unless the said documents are produced the instant dispute cannot be resolve in a proper manner. Prayer is made by the Complainant for direction to the OPs for production of the said documents before this Ld. Forum. According to the Complainants if this application is not allowed they will suffer irreparable loss and injury and prayer is made for allowing this application.

The Ld. Counsel for the OPs has raised vehement objection against such application contending that the application is vague, frivolous and for this reason the same should be dismissed. It is stated by the OPs that during renewal of the question policy proposal form was not submitted by the Complainant. During inception of the policy proposal form is required to be submitted only and during renewal question does not arise to submit the proposal form again by the insured. The Complainant has prayed for production of the proposal forms for renewal of the policy. According to the OPs the application having no merit at all is liable to be dismissed.

Upon careful perusal of the application filed by the Complainant and hearing verbal objection thereto as raised by the Ld. Counsel for the OPs it is seen by us that the contention of the Complainant is that inspite of death of the original insured the policy was renewed by the OPs in the name of the deceased insured, but the signature in the proposal form was made by the Complainant. According to the Complainants in the name of a deceased person policy cannot be renewed and as the OPs have done the same and taking the said plea the genuine claim of the Complainants have been repudiated, hence production of the said proposal forms are required. We are of the view that for proper adjudication of this complaint the required documents should be produced by the OPs as the same are lying under the custody of the OPs. As we get much substance in the content of the application, hence we are of the opinion that the application should be allowed.

Hence it is ordered that the MA being no-324/2017 is hereby allowed on contest. There is no order as to cost.

Fix ………………..for production of the documents by the OPs before this Ld. Forum positively.     

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                                                                             President

Dictated & Corrected by me