Madhya Pradesh

StateCommission

A/14/1393

LIC - Complainant(s)

Versus

SMT.ASHA - Opp.Party(s)

14 Nov 2022

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL      

 

                                  FIRST APPEAL NO. 1393 OF 2014

(Arising out of order dated 09.06.2014 passed in C.C.No.65/2014 by District Commission, Mandsaur)

 

LIFE INSURANCE CORPORATION OF INDIA.                                            …          APPELLANT

 

Versus

                 

SMT. ASHA MEHTA.                                                                                      …         RESPONDENT.

 

                                       

BEFORE:

 

                  HON’BLE SHRI A. K. TIWARI              :      PRESIDING MEMBER

                 HON’BLE DR. SRIKANT PANDEY      :      MEMBER

                 HON’BLE SHRI D. K. SHRIVASTAVA :      MEMBER

  

                                      O R D E R

 

14.11.2022

 

            Ms. Preetima Shrivastava, learned counsel for the appellant.

            Shri K. K. Kala, learned counsel for the respondent.

                                   

As per A. K. Tiwari :                       

            This appeal is directed against the order dated 09.06.2014 passed by the District Consumer Disputes Redressal Commission, Mandsaur (for short ‘District Commission’) in C.C.No.65/2014 whereby the District Commission has allowed the complaint filed by the complainant/respondent.

2.                Briefly put facts of the case as narrated by the complainant are that she had obtained an insurance policy from the opposite party/appellant-LIC and had deposited the single premium for a sum of Rs.20,000/- on 27.01.2007. When she found that returns are not upto the mark, she applied

 

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for surrender value but the LIC did not pay her surrender value. She therefore filed a complaint before the District Commission seeking relief.

3.                The District Commission allowed the complaint directing the opposite party-LIC to pay surrender value as per terms and conditions of the policy along with 10% interest from 31.07.2013 and Rs.5,000/- as costs. Hence this appeal by the LIC. 

4.                Heard learned counsel for the parties on IA-1, application under Order 41 Rule 27 of CPC along with documents, filed by the appellant.

5.                Learned counsel for opposite party/appellant submits that the said documents could not be filed before the District Commission and that the said documents are necessary to be taken on record for fair adjudication of the dispute. 

6.                Having gone through the documents we find that the same are necessary to be taken on record for fair adjudication of the complaint. In the circumstances, we allow the application.

7.                Copy of application and documents be sent to the District Commission along with record of the District Commission and copies be kept in the record.

8.                Parties are directed to appear before the District Commission on 21.12.2022.

 

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9.                Parties are permitted to file additional evidence in support of their respective claim.

10.              The District Commission is directed to proceed further in accordance with law. The District Commission is expected to decide the case as expeditiously as possible.

11.              With the aforesaid observations and directions, the impugned order is set-aside. The appeal stands disposed of. 

 

       (A. K. Tiwari)      (Dr. Srikant Pandey)   (D. K. Shrivastava)

   Presiding Member          Member                      Member