PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                                Misc. Case No. 10/2023

                                                          Arising Out of C.C. Case No. 16/2022

Mst. Radhika Agrawal, aged about 44 years,

W/o-Late Rajesh Kumar Agrawal

Resident of Balaji Heritate, B-23, Nr. Doordarshan Colony.

V.S.S.Marg, Sambalpur-768001                                   ...………..Complainant

Versus

1. The Oriental Insurance Co. Ltd

Represented through the Sr. Divisional Manager,

At-VSS Marg, Sambalpur-768001

2. Mr. Subhashis Sarkar, Development Officer, Retd.

Oriental Insurance Co.Ltd.

R/O- Balaji Heitate, Block A 2^nd floor

Nr. Doordarsan Colony, V.S.S. Marg,

Sambalpur- 768001.                                            .…………...Opp.Parties

Order dated 19.02.2024

ORDER

          This review petition filed u/s 40 of the consumer Protection Act, 2019 with a prayer to review the order dated 04.04.2022 in C.C. Case No. 16 of 2022 of this Commission. The contention of the petitioner is that the C.C. Case No. 16 of 2022 was posted to 18.09.2023 for judgement and liberty was given to file written argument within 7 days from 28.08.2023. The Judgement was published on 03.10.2023 and in the judgement written argument and citations bunch was not attached to case record due to a clerical error. In case the argument and citation not taken into consideration the petitioner will be highly prejudiced.

Notice was issued to the O.Ps but the O.Ps not filed any show-cause.

Perused the written argument and citation filed by the petitioner. The Petitioner cited II(1992) CPJ(NC)-716 and II(1995) CPJ-I(NC). At the time of renewal of the policy it was the duty of O.Ps to examine the policy but in order to gain a policy without ascertaining the existence of the insured it entered into insurance policy which proves the negligence and deficiency in service of O.Ps.

No doubt there is no existence of insurance contract after death of Rajesh Kumar Agrawal and there is no any need to review the earlier order dated 03.10.2023 of the Commission. In the other hand as the O.Ps acted negligently this Commission is of view that the O.Ps are liable for deficiency in service and negligence. Accordingly, it is ordered that the O.Ps are jointly and severally liable compensation of Rs. 1,00,000/- and litigation expenses of Rs. 20,000/- within one month of this order, failing which the O.Ps shall liable to pay 12 % interest P.A. from date of filing till realisation. Order dated 03.10.2023 of this Commission reviewed accordingly and modified to the extent discussed Supra.

  -Sd/-                                                                                -Sd/-

Member                                                                President.