NCDRC

NCDRC

RP/4543/2009

LIC OF INDIA - Complainant(s)

Versus

VIMLA DEVI - Opp.Party(s)

MR. SUDHIR KUMAR GUPTA

29 Mar 2010

ORDER

Date of Filing: 15 Dec 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4543/2009
(Against the Order dated 13/07/2009 in Appeal No. 2091/2006 of the State Commission Rajasthan)
1. LIC OF INDIAThrough Its Branch Manager Branch Office. Mantown,Swaimadhopur Rajasthan ...........Appellant(s)

Vs.
1. VIMLA DEVIW/o.Sh. Babulal Jain Resident of Ware House . Jatwada Khurd. Mantown . Swaimadhopur Rajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 29 Mar 2010
ORDER

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Proof in regard to service of Dasti notice on the respondent be taken on file. By the order under challenge, the Consumer Disputes Redressal Commission Rajasthan, Jaipur has dismissed the appeal filed by respondent against the order of a District Forum whereby complaint was dismissed but has awarded Rs. 10,000/- as ex-gratia payment to the respondent/ complainant. RP No. 858 of 2009 and connected revision petitions involving identical question were disposed of by this Commission by the common order dated 17.12.2009. This batch of revisions was allowed and the order of State Commission awarding ex-gratia amount(s) to the respondents/complainants was set aside holding that the Consumer Fora has no jurisdiction and power to grant ex-gratia payment. Simultaneously, it was observed that it will be open to the LIC to consider the case(s) for grant of ex-gratia payment to the respondents in each case. This decision squarely applies to the facts of this case. Order of State Commission, thus, deserves to be set aside. Accordingly, while allowing revision the order under challenge is set aside. It will be open to the LIC to sympathetically consider the question of grant of ex-gratia payment, if any, to the respondent. No orders as to cost.


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER