NCDRC

NCDRC

RP/3868/2013

LIC OF INDIA - Complainant(s)

Versus

SURESH KUMAR & ANR. - Opp.Party(s)

MR. U.C. MITTAL

27 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3868 OF 2013
 
(Against the Order dated 02/08/2013 in Appeal No. 383/2013 of the State Commission Haryana)
1. LIC OF INDIA
39 IST FLOOR, NEW ASIATIC BUILDING, CONNAUGHT PLACE, THROUGH ITS ASSITANT SECRETARYT(LEGAL CELL) SH BALIHAR SINGH
NEW DELHI - 01
...........Petitioner(s)
Versus 
1. SURESH KUMAR & ANR.
S/O SH OM PRAKASH, R/O PATEL NAGAR,
KAITHAL
HARYANA
2. MEDI ASSIT INDIA TPA PVT LTD,
6TH FLOOR, "A" WING INDIANA BUSINESS MAROL NAKA, ANDHERI KURLA ROAD, ANDHERI (E), THROUGH ITS MANAGER/DIRECTOR,
MUMBAI
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
In RP/3868/2013
For the Petitioner : Mr. Abya Gupta &
Mr. U.C. Mittal, Advocates
In RP/4544/2013
For the Petitioner : Mr. Nitesh, Advocate
For the Respondent :
In RP/3868/2013
For Respondent No.1 : Mr. S.R. Bansal, Advocate
For Respondent No.2 : Mr. Nitesh, Advocate
In RP/4544/2013
For Respondent No.1 : Mr. S.R. Bansal, Advocate
For Respondent No.2 : Mr. Abya Gupta &
Mr. U.C. Mittal, Advocates

Dated : 27 Nov 2014
ORDER

 

PER JUSTICE J.M. MALIK

 

1.       Counsel for the parties present in both the cases.  Arguments heard.  It is transpired that the main insurance policy is with the New India Assurance Company.  This objection should have been raised at the earliest possible opportunity.  The written statement filed by the LIC is conspicuous by its silence.  Cases are pending for the last three years.  Three years have elapsed and complainant has been harassed to no end.  We allow the application and remand the case back to the District Forum subject to payment of Rs. 25,000/- as costs, which will be paid by the L.I.C. to Sh. Suresh Kumar through demand draft, before the next date of hearing.

2.       Parties are directed to appear before the District Forum on 05.01.2015.  The District Forum will issue notice to the New India Assurance Company, as per Law and hear them on merits alongwith other parties.

3.       The Status of Medi Assist India TPA Pvt. Ltd.-OP-2 will remain same.  Counsel for the respondent No. 2 in RP/3868/2013 and petitioner in RP/4544/2013, now prays that exparte order against them should be set aside.

4.       In the interest of justice, we set aside the ex-parte order subject to payment of Rs. 10,000/- as costs, which will be paid to the complainant Sh. Suresh Kumar through demand draft.

5.       The District Forum will proceed further after satisfaction that the above said costs stand paid to the complainant.  It will be better if the costs, by both the parties, are paid on the date of hearing before the District Forum, i.e. on 05.01.2015.

6.       The matters stand disposed of.  Copies of order be given dasti to the parties on 01.12.2014.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.