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/13477/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13477 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
NOTICE NOT RECD BACK for the RESPONDENT(s) No. 1,2
NOTICE SERVED for the RESPONDENT(s) No. 1,2
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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 Page 1 of 2 C/SCA/13477/2016 ORDER 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