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Gujarat High Court

Dhfl Pramerica Life Insurance Company ... vs Office Of Insurance Ombudsman on 6 March, 2018

Author: A.J. Shastri

Bench: A.J. Shastri

         C/SCA/7460/2016                                ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          SPECIAL CIVIL APPLICATION NO. 7460 of 2016

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     DHFL PRAMERICA LIFE INSURANCE COMPANY LIMITED
                              Versus
             OFFICE OF INSURANCE OMBUDSMAN
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Appearance:
MR RUTVIJ M BHATT for the PETITIONER(s) No. 1
DS AFF.NOT FILED (N) for the RESPONDENT(s) No. 1,2
MR NM PATEL for the RESPONDENT(s) No. 2
MR.RAJESH B SONI for the RESPONDENT(s) No. 2
NOTICE SERVED BY DS for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

Date : 06/03/2018

ORAL ORDER

Heard learned advocate Mr. Rutvij Bhatt appearing for the petitioner.

Learned advocate Mr. Bhatt has contended that at the relevant point of time, the office of the Ombudsman has no authority to determine the amount or direct to refund the premium which was normally not recommended in nature. The order in question as such suffers from vice of non application of mind. However, be that as it may, since the effect of the order is of refunding the premium amount of Rs.1,70,000/­, the Court is of the opinion that during the pendency of this petition, the petitioner may be directed to deposit the amount of Rs.1,70,000/­ as ordered on 25.02.2016. Hence, the petitioner shall deposit the amount of Rs.1,70,000/­ before the Registry of this Court within a period of two weeks from today.

On such deposit being made, ad­interim relief in terms of para 10(b) is granted till the next date of hearing. S.O. to 21.03.2018.

Direct Service is permitted.

(A.J. SHASTRI, J.) /phalguni/ Page 2 of 2