KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.526/13

JUDGMENT DATED:21.10.2013

(Against the order in CC.331/10 on the file of CDRF, Thrissur, dtd:24.03.2012)

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

Branch Manager,

The Oriental Insurance Company Ltd.,

City Heights Building, South Junction,

Chalakudy, Thrissur District. R/by its                                  : APPELLANT

Divisional Manager, Thakaraparambu, TVM.

(By Adv: Sri.V. Manikantan Nair)

            Vs.

V.V. Madhavan,

Thalore Co-operative Bank Ltd.,                             : RESPONDENT

Pazhayi.P.O, Puthukkad-680 301.

JUDGMENT

   JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is an appeal filed by the opposite party in CC.331/10 on the file of CDRF, Thrissur challenging the order of the Forum dated, March 24, 2012.

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

Complainant was a mediclaim policyholder of the appellant/insurance company.  He has undergone treatment from May 03, 2008 to May 23, 2008 at Sreedhariyam Ayurvedic Eye Hospital, Koothattukulam.  His claim was repudiated by the appellant/insurance company.  Therefore he filed the complaint.

3.          The appellant/insurance company remained exparte before the Forum.  Therefore the Forum allowed the complaint.  Opposite party has come up appeal challenging the said order of the Forum.

4.          In this appeal the respondent/complainant remained absent though notice was served on him.

5.          It is seen from the order of the Forum that the name of the appellant/insurance company is not properly mentioned either in the complaint or in the order.  The specific case of the appellant/insurance company is that they did not receive any notice from the Forum, which appears to be true. 

6.          Therefore the appeal is allowed and the impugned order of the Forum is set aside and the matter is remanded to the lower Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on 30.11.2013.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V. JOSE          : MEMBER

VL.