Dated:06.12.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal filed by OP3 in CC/11/2019 on the file of District Consumer Disputes Redressal Forum, Bagalkot aggrieved by order dated 01.02.2020.

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.

3. Learned counsel for complainant/respondent no.1 submits that a consumer complaint was raised under Section 12 of Consumer Protection Act, 1986 against OP No.1 to 4 of whom OP No.1 and 3 were placed exparte while OP No.2 and 4 are represented by learned counsel.  The Commission held an enquiry, dismissed the complaint as against OP No.2 and 4 while directed OP No.1 and 3 to pay Rs.1,00,000/- along with interest @ 09% p.a. from the date of order till realization and awarded some amount of compensation.  This appeal is filed by OP1 who was placed exparte, since Forum below held him liable to pay Rs.1,00,000/- assured under the policy issued by OP No.2 and 4.  Complainant sought for a direction to OP No.1 to 4 to make payment of Rs.1,00,000/- towards Good Life Card Personal Accident Insurance compensation on account of death of Mr.Prakash Basalingappa Chalawadi.  The certificate of insurance is found from the record issued by NIC certifying that the holder of the certificate being a Hero Good Life Card is insured against loss of life due to accident under group personal accident policy.  The policy period was for one year, is taken by Hero Motocorp Limited for sum assured at Rs.1,00,000/-, death only arising out of accident as per terms and condition.  The copy of policy is available, wherein could see Mr.Prakash Basalingappa Chalawadi insured of KA-29-Y-2619, for the period from 01.06.2016 to 31.07.2017.  The Forum below held OP No.1 and 3 are liable to pay on the ground, as they have failed to participate in the proceedings, which in our view is incorrect.  Learned counsel for appellant submits that policy is issued by OP No.2 and 4 through “Result Service Private Limited (RSPL)” and it is the said company manages the claims under the Goodlife Insurance Program, was not considered by the Forum below.  In such circumstances, it would be just and proper to remand back the matter to the Commission below to decide the case. Hence, we proceeds to allow the appeal with a direction to Commission below to re-admit the case and re-appreciate all the materials on record, affording opportunity to both parties as early as possible not later than 3 months from the date of receipt of the order.

4. Amount in deposit is directed to be transferred to the Commission below for needful.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*