Karnataka

StateCommission

A/308/2022

Corporation Bank - Complainant(s)

Versus

K. Gurulingappa S/o Late Revanappa - Opp.Party(s)

P.L. Vijay kumar

16 Jun 2022

ORDER

16.06.2022.

:ORDER:

BY SRI RAVISHANKAR – JUDICIAL MEMBER

          We have heard arguments from the appellant counsel.  The learned counsel for appellant submits that the complainant is a retired employee of their bank and after retirement, the complainant has taken the insurance policy.  The Opposite Party No.3 has issued the policy through this appellant to the complainant and other employees in bulk.  They used to pay the premium to the 3^rd Opposite Party.  Btu the 3^rd Opposite Party has taken a defense that this appellant has not paid any premium towards the policy.  But the learned counsel for appellant submits that they have definitely paid the premium amount to the company, but they could not ascertain the documents to that effect in view of the amalgamation.  Considering his submission, we consider that an opportunity should be provided to the appellant to produce the document in respect of the payment made towards premiums.  Hence, the order passed by the District Commission has to be set-aside.  Accordingly, we proceed to pass the following:-

:-ORDER:-

The appeal is allowed.  No costs.

The order dated:30.11.2021 passed by Gulbarga District Commission in C.C.No.11/2019 is hereby set-aside.  The matter is remanded back to the District Commission with a direction to provide an opportunity to the appellant to produce the documents regarding payment of premium and then dispose of the case expeditiously in accordance with law after issuing notice to both parties.

The amount in deposit shall be refunded to the appellant.

          Forward copy of this order to both parties as well as concerned District Commission. 

 

Lady Member.                                                      Judicial Member.

Tss