State Consumer Disputes Redressal Commission
Pnb Metlife India Insurance Company vs Sulakhan Singh on 20 September, 2019
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
Revision Petition No.55 of 2019
Date of Institution: 26.08.2019.
Date of Decision : 20.09.2019.
PNB MetLife India Insurance Company, Registered Office: Unit No.701,
702 & 703, 7th Floor, West Wing, Raheja Towers, 26/27, MG Road,
Bangalore-560001 through its authorized signatory Mr.Kamal Sachdeva,
Deputy Manager, PNB MetLife India Insurance Company Limited, Branch
Office, SCO No.68/69, 2nd Floor, Sector 17-B, Chandigarh.
.......Petitioner/Opposite Party No.2
Versus
1. Sulakhan Singh S/o Sh.Avtar Singh, resident of Village Basant Kot,
Post Office Dhianpur, Near Atta Chakki, Tehsil Batala, District
Gurdaspur (Punjab) .
.......Respondent No.1/Complainant
2. Punjab National Bank, Branch Dhariwal, Tehsil & District Gurdaspur.
......Respondent No.2/Opposite Party No.1
Revision Petition against the order
dated 26.02.2019 of the District
Consumer Disputes Redressal Forum,
Gurdaspur.
Quorum:-
Hon'ble Mr.Justice Paramjeet Singh Dhaliwal, President
Mr.Rajinder Kumar Goyal, Member
Present:-
For the petitioner : Ms.Nikhita Kansal, Advocate for Sh.Sanjeev Goyal, Advocate For respondent No.1 : Mrs.Himani Kapila, Advocate JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT The instant Revision Petition has been filed by the petitioner/opposite party No.2 (in short "OP No.2') against interim order dated 26.02.2019 passed by the District Consumer Disputes Redressal R.P.No.55 of 2019 2 Forum, Gurdaspur (in short 'District Forum'), vide which, petitioner/OP No.2 was proceeded against ex-parte.
2. Detailed facts of the complaint are not necessary for disposal of this revision petition as the challenge is to the order vide which petitioner/OP No.2 has been proceeded ex-parte. Suffice it to mention that the respondent/complainant (in short 'complainant') filed a consumer complaint under Section 12 of the C.P. Act, 1986 against the opposite parties including petitioner alleging that complainant insured his wife Kuljit Kaur vide Metlife Money Bank New(Platinum) Policy from OP No.1, vide Policy No.22155470 on 08.04.2017 for period of 10 years with annual premium of Rs.48,255.68 per annum commencing from 31.03.2017. The payments were made as per the terms of the policy. The said Kuljit Kaur died on 17.02.2018 in PGI due to tumor. The complainant informed the OPs immediately. But the OPs have not paid the claim amount. Other details are not necessary. Notices of the complaint were sent to the OPs, including OP No.2 vide registered letters. It was not received back served or unserved, despite lapse of 30 days statutory period. Presumption of deemed service on OP No.2 was drawn, as no one had turned up for OP No.2 despite wait till 04.00 PM, as such, OP No.2 was proceeded against ex-parte. Hence, this Revision Petition.
3. We have heard the learned proxy counsel for the petitioner and learned counsel for respondent No.1 and gone through the records.
4. Learned counsel for the petitioner contends that the petitioner is PNB MetLife India Insurance Company and not Punjab National Bank MetLife Insurance, as mentioned in the complaint. The petitioner has not been impleaded as PNB MetLife India Insurance Company in the complaint and petitioner was not served. Even the name of OP No.2 has R.P.No.55 of 2019 3 not been properly mentioned in the complaint. It has been mentioned as Punjab National Bank Met Life Insurance. In fact, it is PNB MetLife India Insurance Company. Even there is no proper address of the petitioner was mentioned. It is wrongly mentioned as "Punjab National Bank Met Life Insurance, office Punjab National Bank, Branch Dhariwal, Tehsil and District Gurdaspur-143518", whereas the complete address is "Registered office: Unit No.701, 702 & 703, 7th Floor, West Wing, Raheja Towers, 26/27 M G Road, Bangalore-560001" and service has not been effected upon said address of the petitioner.
5. Per contra, learned counsel for respondent No.1/complainant argues that the order of the District Forum is correct and in accordance with law and the petition deserves to be dismissed.
6. We have given our thoughtful consideration to the contentions raised by the learned counsel for both the sides.
7. Admittedly, the petitioner was deemed to be served in the complaint, as it did not appear before the District Forum, and OP/petitioner was proceeded ex-parte. Specific ground has been taken by the petitioner that the name and address of the petitioner in the complaint are wrong. It is not known by the name of Punjab National Bank Met Life Insurance. It is simply known as PNB MetLife India Insurance Company. The address given is also wrong. Infact in the complaint, the address given is Punjab National Bank Met Life Insurance, office Punjab National Bank, Branch Dhariwal, Tehsil and District Gurdaspur-143518, whereas the correct address as mentioned in the policy is "Registered office: Unit No.701, 702 & 703, 7th Floor, West Wing, Raheja Towers, 26/27 M G Road, Bangalore-560001".
R.P.No.55 of 2019 4
8. In view these facts and circumstances of the case that wrong address was given and the service was not effected on the valid address which should have been as per the address given in the policy, the present revision petition is allowed and the impugned order dated 26.02.2019 is set-aside qua the petitioner/OP No.2, subject to cost quantified at Rs.2,000/-, out of which Rs.1,000/- to be deposited in the Consumer Legal Aid Account of District Forum and Rs.1,000/- shall be paid to the complainant within 15 days directly by way of demand draft against receipt or deposited in the District Forum by way of demand draft in the name of complainant within 15 days. The petitioner/OP No.2 shall file written statement/reply and evidence within 15 days from receipt of certified copy of this order before the District Consumer Forum; with an advance copy to the complainant. The District Forum is directed to ensure that the costs imposed have been deposited/paid before taking written statement/reply and evidence of OP No.2.
9. A copy of the order be given Dasti to the counsel for the parties free of costs.
10. A copy of the order be sent to the District Forum immediately.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (RAJINDER KUMAR GOYAL) MEMBER September 20, 2019 Rupinder 2