The learned counsel for the appellant is present.

2.    Learned counsel for the respondent is absent.

3.   Mr. Pattanaik,learned counsel for the appellant submitted that they have already complied the major portion of the order like they are not claiming for refund of the amount Rs.48,177/- and they have also continued the policy of the complainant  but the complainant is unable to follow the rest portion of the order of the District Forum.

 4.         Mr. Pattnaik submitted that in view of the provision of the C.P.Act,1986 the District Forum has no power to direct the appellant to find out who is responsible for wrong payment or any wrong intimation to the complainant. He further submitted that since it is a question of law,same may be decided by this Commission even if the respondent is absent.

5.          Considered the submission of the learned counsel for the appellant. As the very short question is to be answered and it is pure question of law, we are inclined to dispose of the case by going through the material on record.

6.    Learned District Forum passed the following order:-

                Xx           xxx                     xxx 

“ The Opposite parties are ordered not to claim for refund of the insurance amount of Rs.48,177/- which was paid towards the policy No.57238147 to the complainant and further directed to not to surrender the Policy No.572990548 and 572374893 allow the complainant to continue the said policy as usual and recover the amount from the employee concerned who is actually responsible for the wrong payment and also who is responsible for not intimating the complainant regarding the status of the policy, failing which they are liable to pay penal interest @ 9 per cent per annum till the realization. In view of the aforesaid directions, the complaint is disposed of without any cost and compensation. Parties to bear their own cost. “

7.     In view of the submission of the learned counsel for the appellant that they have not claimed for refund of the insurance amount of Rs.48,177/- which was paid for the Policy No.57230147 and they  also complied by allowing the complainant to continue the policy  No.5729990548, we are of the view that the deficiency in service as required U/S-14 of the Act has already been complied. Under the provision of Section-14  of the C.P.Act no power is given to the District Forum to ask the either of the parties to find out who is responsible for deficiency of service and failing that the losing party has to pay the compensation. In our view this part of the order is totally alien to the provisions of law.

8.     Hence, the appeal is allowed by setting aside the order xxx   xxx “recover the amount from the employee concerned who is actually responsible for the wrong payment and also who is responsible for not intimating the complainant regarding the status of the policy, failing which they are liable to pay penal interest @ 9 per cent per annum till the realization. In view of the aforesaid directions, the complaint is disposed of without any cost and compensation. Parties to bear their own cost. “

9.     Thus, the appeal is disposed of accordingly.

              Supply free copy of this order to the respective parties.

                DFR be sent back forthwith.