Sri Shyamal Gupta, Member
The complaint case since been allowed by the Ld. District Forum, aggrieved with such decision, this Appeal is moved by Bajaj Allianz Life Insurance Co. Ltd.
Briefly narrated, case of the Appellants is that based on the mandate form submitted by the Respondent No. 1, they effected due payment to the designated account number through NEFT and therefore, there was no laches on their part. Accordingly, they prayed for setting aside the impugned order.
It appears from the Postal AD Card that notice of this Appeal was duly served upon the Respondent No. 2. However, as it did not turn up to defend its case before us, at the time of hearing, we heard the submission advanced on behalf of the Ld. Advocates for the Appellant and Respondent No. 1.
It is found from the documents on record that the Respondent No. 1 submitted the NEFT mandate form and other requisite documents through Sri Basudeb Saha and Sri Atindra Saha and further that the proceeds of the concerned policy was transferred to the account of one Smt. Bandana Mondal. On due consideration of the entire facts and circumstances of this Appeal, it appears to us that for proper adjudication of the dispute, all the aforementioned three accused persons are necessary parties to the case.
Accordingly, we are inclined to remand the case to the Ld. District Forum for fresh adjudication of the dispute after inclusion of the said persons into the case.
The Appeal, accordingly, stands allowed in part. The impugned order is hereby set aside. Parties to appear before the Ld. District Forum on 03-05-2019 for submission of amended petition of complaint.
