NCDRC

NCDRC

RP/341/2013

BIRLA SUN LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

SUDHA & 2 ORS. - Opp.Party(s)

M/S. NIRAJ SINGH & ASSOCIATES

17 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 341 OF 2013
 
(Against the Order dated 19/06/2012 in Appeal No. 1577/2011 of the State Commission Tamil Nadu)
WITH
IA/594/2013
1. BIRLA SUN LIFE INSURANCE CO. LTD.
16TH FLOOR, JUPITER MILL COMPOUND, SENAPTI BAPAT MARG, ELPHISTONE ROAD,
MUMBAI - 400013
MAHARASTRA
...........Petitioner(s)
Versus 
1. SUDHA & 2 ORS.
W/O LATE SHRI P.JAYA PRAKASH, R/O 177/2 P.N PALAYAM ROAD COMPLEX, K.R PURAM, GANPATHY
COIMBATORE - 641006
TAMIL NADU
2. MS.J,NIVETHA, D/O LATE SHRI JAYA PRAKASH, THROUGH NATURAL GUARDUAN, SMT SUDHA,
R/O 177/2 P.N PALAYAM ROAD COMPLEX, K.R PURAM, GANPATHY
COIMBATORE - 641006
TAMIL NADU
3. MASTER J. AJAY, S/O LATE SHRI P.JAYA PRAKASH, THROUGH NATURAL GUARDUAN, SMT SUDHA,
R/O 177/2 P.N PALAYAM ROAD COMPLEX, K.R PURAM, GANPATHY
COIMBATORE - 641006
TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Ms. Meenakshi Midha, Advocate
For the Respondent :
Mr. B. Raghunath, Advocate

Dated : 17 Dec 2013
ORDER

 

 

 

          Learned counsel for the parties heard.  Litigation charges in the sum of Rs.10,000/- not paid.  Address of respondent not mentioned properly.

          The petitioner wanted to file the medical certificate dated 18.5.2008.  The State Commission rejected it on the ground that it was being filed after four years.  The same doctor had issued another medical certificate Ext A-5 dated 8.3.2008, which was received in evidence. 

          The reason given by the petitioner is that such document could not be filed in time because the same was sent to the claimant’s department for processing of the claim and it was misplaced. Consequently, the same could not be filed at the proper time.

          We have to take care of the fact that this document is not manipulated.  Consequently, we allow the request made by the petitioner subject to the condition that the petitioner will also file the affidavit of the doctor alongwith this document and pay Rs.10,000/- as costs to the complainant  in person through demand draft directly, which must carry correct address and particulars.  If the petitioner again fails to pay the amount through demand draft, costs of Rs.5,000/-  will be imposed.  The parties are directed to appear before the State Commission on 28.1.2014 and the documents will be produced.  The State Commission will see to it that the said amount i.e. litigation charges as well as the costs for allowing this application stands paid to the respondent only then it will proceed further.  It will also give an opportunity to rebut this evidence produced by the respondent.  All litigation charges and costs i.e. Rs.20,000/- will be paid to the respondent/complainant with correct name and particulars otherwise the amount shall be enhanced to Rs.25,000/-.  This is also made clear that this document finds mention in the written statement.

          The revision petition is disposed of accordingly.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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