PER SHRI S.M.SHEMBOLE, HON’BLE PRESIDING MEMBER.

            This is an appeal against judgment and order dated 29/04/2008 passed by the District Consumer Forum, Gondia in complaint No. 09/2008.

            Brief facts, giving rise to this appeal, are that:-

            Deceased Gajanan who was the husband of applicant/respondent Mukatibai, had obtained Farmer Group Insurance policy  from appellant - ICICI Lombard, in the year 2003. As per the terms and conditions of the policy the premium was paid to the appellant/ opponent by the Government of Maharashtra. Thereafter on 30/01/2006 Gajanan died. After his death his wife - complainant through Tahsildar, Amgaon, District Gondia claimed an amount of insurance. On the basis of the claim, notice was issued to the appellant insurance company through Tahasildar, Amgaon, District Gondia, in respect of the claim Tahasildar, Amgaon, District Gondia processed the claim and sent it to the appellant insurance company. But appellant insurance company did not response it. Therefore, complainant has filed the complaint before the District Consumer Forum, Gondia.

            In response to the notice, opponent/appellant insurance company appeared before the District Consumer, Forum, Gondia but did not file his say within the stipulate time. Subsequently, appellant / opponent insurance company filed the say and it was accepted subject to cost of Rs.800/-. However, the appellant/opponent did not pay the amount of cost. Therefore, District Consumer Forum, Gondia did not consider the say of the appellant/opponent and proceeded with the complaint without say.

            On hearing both the sides District Consumer Forum, Gondia allowed the claim, directing the appellant/opponent to pay an amount of Rs.1,00,000/- with interest of 9% with effects from 27/03/2006. Further, opponent/appellant is directed to pay compensation of Rs.3,000/- and cost of proceeding Rs.1,000/- vide its judgment and order dated 29/04/2008.

            Feeling aggrieved by the impugned judgment and order the opponent/appellant insurance company came to this Commission in appeal.

            In response to the notice before admission the respondent/ complainant had appeared through Adv. Mr. Tayade but subsequently respondent as well as his counsel remained absent.

            We heard Mr. Jaiswal, learned counsel for appellant and perused the copy of impugned judgment and order as well as copy of complaint, say, filed other documents produced along with appeal.

            It is submitted by the Mr. Jaiswal, learned counsel for appellant that before filing complaint no notice / intimation was given to the insurance company and therefore the complaint itself is not tenable. According to him, unless & until the claim is not intimated to the insurance company, the complaint cannot be filed. But we find no force in the submission of the Adv. Mr. Jaiswal, Ld. Counsel for the appellant. On perusal on record, specifically the copy of letter dated 27/03/2006 it manifests that the claim was sent to the appellant insurance company. So, the submission of Adv. Mr. Jaiswal, Ld. Counsel for appellant is false.

            Moreover, the copy of say, which was filed by the insurance company before the District Consumer Forum, Gondia, reflects that this fact was not raised by the appellant. Thus, on any count, it is obvious that there is no merit in the appeal.

            For the fore going reason it is clear that the District Consumer Forum has rightly allowed the claim. Therefore, we do not find any reason to interfere the impugned order.

            In the result the appeal is being devoid of any merit deserves to be dismissed summarily. Hence, the following order.

ORDER

1.         Appeal stands dismissed summarily.

2.         No order as to cost.

Delivered on 19/09/2011.