KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO. 527/13

JUDGMENT DATED:25.08.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

The Manager,

Bajaj Allianz Insurance Co. Ltd.,,                                  

Ambalam bypass road, Thodupuzha                           : APPELLANT

Idukki.

(By Adv: Sri. Sreevaraham G. Satheesh)

            Vs.

T.S. Krishnakumar,

Thachaparambil house,                                                   : RESPONDENT

Thodupuzha.P.O, Idukki.

(By Adv: Smt. R.Suja Madhav)

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

This is an appeal filed by the complainant in CC.No.09/13 on the file of CDRF, Idukki challenging the order of the Forum dated, April 30, 2013 setting them exparte.

2.The case of the complainant as detailed in the complaint before the Forum in brief is this:-

Complainant joined in the Insurance Scheme of the opposite party on March 20, 2003. The premium amount was Rs.5241/- to be paid tri-monthly. The agent of the opposite party has offered that policy can be closed at any time after 3 years.  Complainant paid premium for 4 years totaling to Rs.83,856/-.   When the complainant approached the opposite party to close the policy he came to know that even half of the amount paid was not credited in his account.  Therefore he filed a complaint for claiming insurance amount.

3.      The opposite party remained absent before the Forum.  Therefore complainant filed proof affidavit and Ext.P1 was marked and the Forum allowed the complaint.  Opposite parties has come up in appeal challenging the said order of the Forum.

4.      In this appeal complainant appeared in person.

5.      Heard both the parties.

6.      In this appeal the appellant has stated that the posting date was mistakenly noted and that therefore he was not able to appear before the Forum on the date of posting ie February 18, 2013.  The contention of the appellant was that the policy was for Rs.4,50,000/- and it is not correct to say that complainant was mislead by anybody. 

7.      Taking into consideration the nature of the contentions raised by the opposite party we feel that an opportunity should be given to the opposite party to contest the matter on merits.  Therefore on March 27, 2014 we have ordered that appeal will be allowed on payment of Rs.5000/- to the complainant.  Today when the case was called complainant was present. Opposite party handed over the demand draft for Rs.5000/- to the complainant.  Hence the appeal is allowed.

In the result appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside.  The matter is remanded to the Forum for fresh consideration after giving an opportunity to the complainant to file version and adduce evidence.  Both parties shall appear before the Forum on September 30. 2014.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V JOSE  : MEMBER

VL.