State Consumer Disputes Redressal Commission
S Anila Rajendran vs Iffco Tokyo General Insurance Co Ltd on 20 February, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM First Appeal No. A/204/2019 ( Date of Filing : 09 Jul 2019 ) (Arisen out of Order Dated in Case No. Complaint Case No. CC/167/2017 of District Thiruvananthapuram) 1. S ANILA RAJENDRAN R S BHAVAN,VEILOOR,MULLASSERRY,MURUKKUMPUZH(PO),THIRUVANANTHAPURAM ...........Appellant(s) Versus 1. IFFCO TOKYO GENERAL INSURANCE CO LTD REGIONAL OOFIC ,IFFCO SADAN,CI DISTRICT CENTRE,SAKET,NEWDELHI-11007 2. THE MANAGING DIRECTOR-IFFCO TOKIO GENERAL INSURANCE CO LTD REG.OOFFICE,IFFCO SADAN,CI DISTRICT CENTRE,NEWDELHI-110017 3. THE CUSTOMER SERVICE MANAGER-IFFCO TOKIO GENERAL INSURANCE CO LTD II ND FLOOR,AFL HOUSE,LOK BHADRI COMPLEX,MAROL,ANDERI,MUMBAI-400059 4. THE BRANCH MANAGER-IFFCO GENERAL INSURANCE CO LTD PAN AFRICAN PLAZA,3RD FLOOR,MG ROAD THIRUVANANTHAPURAM ...........Respondent(s) BEFORE: HON'BLE MR. SRI.T.S.P.MOOSATH PRESIDING MEMBER SMT.BEENAKUMARI.A MEMBER SRI.RADHAKRISHNAN.K.R MEMBER For the Appellant: For the Respondent: Dated : 20 Feb 2020 Final Order / Judgement KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 204/2019 JUDGMENT DATED: 20.02.2020 (Against the Order in C.C. 167/2017 of CDRF, Thiruvananthapuram) PRESENT: SRI.T.S.P. MOOSATH : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:
S. Anila Rajendran, R.S. Bhavan, Veiloor, Mullassery, Murukkumpuzha P.O, Thiruvananthapuram.
(By Adv. G.L. Mohanachandran) Vs. RESPONDENTS:
IFFCO-Tokio General Insurance Co. Ltd., Regd. Office IFFCO Sadan, CI District Centre, Saket New Delhi-110 017 represented by its Managing Director.
The Managing Director, IFFCO-Tokio General Insurance Co. Ltd., Regd. Office IFFCO Sadan, CI District Centre, Saket New Delhi-110 017.
The Customer Service Manager, II Floor, AFL House, Lok Bharti Complex, Marol Maroshi Road, Near Marol Bridge, Marol, Andheri (East), Mumbai-400 059.
The Branch Manager, IFFCO-Tokio General Insurance Co. Ltd., Pan-African Plaza, 3rd Floor, Opposite Raymond Shop, M.G. Road, Thiruvananthapuram-695 001.
(By Adv. Varkala B. Ravikumar for Respdts. 1, 2 & 4) JUDGMENT SMT. BEENA KUMARY. A : MEMBER Appellant is the complainant in C.C. No. 167/2017 on the file of Consumer Disputes Redressal Forum, Thiruvananthapuram and the respondents are the opposite parties. The District Forum dismissed the complaint for default on 19.06.2019. Aggrieved by the impugned order the complainant has filed this appeal.
2. Brief facts of the case are as follows: The complainant's son was holder of Pravasi Bharatiya BhimaYojan policy 2006 issued by the 1st opposite party. He met with an accident and subsequently he died. The complainant is the only legal heir and nominee in the policy, claimed the policy amount from the opposite parties, but they repudiated the claim without any reason. Hence the complainant has filed the complaint before the Forum.
3. Opposite parties 1, 2 & 4 appeared before the Forum and filed their version. The case was posted for evidence by the Forum from 13.01.2018. But due to insufficient quorum there was no sitting from February 2019 to 28.05.2019. The case was posted to 03.06.2019 and on that day the complainant was absent and the case was adjourned to 19.06.2019 for evidence. On that day the complainant was laid up and the counsel came late due to heavy traffic block. The case was called and dismissed for default.
4. On perusal of the LCR it is seen that the opposite parties were also absent on that day. The appellant argued that the District Forum ought to have given an opportunity to the complainant for adducing evidence and should not have dismissed the complaint without going into the merits of the case. Hence the appellant prayed for remission of the case for fresh disposal on merits.
5. We are not satisfied with the reason submitted by the appellant for their non-appearance. But for the interest of justice we decide to give an opportunity to the appellant/complainant to conduct her case before the District Forum. Hence we set aside the order passed by the District Forum in this case and the complaint is remanded for fresh disposal after giving opportunity to adduce evidence, if any, and dispose the case on merits.
In the result, this appeal is allowed and the Order passed by the District Forum is set aside. The complaint is remanded to the District Forum. The District Forum shall dispose the case as early as possible. Send back the records to the District Forum, forthwith.
The District Forum shall send notice to all parties before trial.
T.S.P. MOOSATH : JUDICIAL MEMBER BEENA KUMARY. A : MEMBER K.R. RADHAKRISHNAN : MEMBER jb [HON'BLE MR. SRI.T.S.P.MOOSATH] PRESIDING MEMBER [ SMT.BEENAKUMARI.A] MEMBER [ SRI.RADHAKRISHNAN.K.R] MEMBER