West Bengal

StateCommission

RP/29/2017

Srikrishna Tulsian - Complainant(s)

Versus

The Managing Director/Principal Officer, HDFC Life Insurance Co. Ltd. - Opp.Party(s)

Mr. Swapan Kumar dutta

19 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/29/2017
( Date of Filing : 15 Feb 2017 )
(Arisen out of Order Dated 09/01/2017 in Case No. CC/585/2015 of District Kolkata-I(North))
 
1. Srikrishna Tulsian
S/o Lt. Sankar Lal Tulsian, 242/1B, A.P.C. Road, Aravind Tower, 3rd Floor, Kolkata-700 004.
2. Rahul Tulsian
S/o Srikrishna Tulsian, 242/1B, A.P.C. Road, Aravind Tower, 3rd Floor, Kolkata-700 004.
3. Sapna Tulsian
242/1B, A.P.C. Road, Aravind Tower, 3rd Floor, Kolkata-700 004.
...........Appellant(s)
Versus
1. The Managing Director/Principal Officer, HDFC Life Insurance Co. Ltd.
HDFC Life Insurance Co. Ltd., Apollo Mills Compound, N.M. Joshi Road, Mahalaxmi, Mumbai -400 011.
2. Br. Manager, HDFC Life Insurance Co. Ltd.
3, Maneka Estate, Gr. & 1st Floor, Red Cross Place, Kolkata -700 001.
3. Managing Director, Guiness Insurance Broking Services Pvt. Ltd.
22/4, Nakuleshwar Bhattacharjee Lane, Kolkata -700 026.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Mr. Swapan Kumar dutta, Advocate
For the Respondent: Ms. Soni Ojha., Advocate
Dated : 19 Apr 2018
Final Order / Judgement

Sri Shyamal Gupta, Member 

Present Revision derives out of the Order dated 09-01-2017 passed by the Ld. District Forum, Kolkata-I (North) in CC/585/2015. 

Briefly narrated, case of the Revisionists is that, it moved a petition before the Ld. District Forum seeking verification of the signatures of Revisionist Nos. 2 and 3 contained in the proposal forms of the disputed policies.  However, such petition being rejected by the Ld. District Forum, this Revision ensued. 

We have heard the Ld. Advocates of the parties and gone through the material on record. 

The dispute, as it appears, revolves around unauthorized/illegal issuance of subject insurance policies by the Respondents.  It is claimed by the Revisionist No. 1 that the Revisionist Nos. 2&3 did not sign the concerned proposal forms.  On the other hand, Respondents vehemently disputed such contention of the Revisionists. 

If we look at the revolving bone of contention from practical perspective, authenticity of the allegation of the Revisionist cannot be conclusively determined without referring the matter to a handwriting-expert.  

In view of this, we see no infirmity with the instant petition being filed by the Revisionists.  It is true that, obtaining a report from the hand-writing expert would entail some time.  However, that cannot be a cogent ground to deprive an aggrieved consumer of due privilege to prove his case following due process of law.

 In view of this, we are inclined to allow the Revision. 

Hence,

O R D E R E D 

The Revision stands allowed on contest against the Respondent Nos. 1&2 and ex parte against the Respondent No. 3.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 22-05-2018.  On that day, the Respondent Nos. 1 and 2 shall submit the concerned proposal forms in original before the Ld. District Forum invariably. 

Let a copy of this order be sent to the Ld. District Forum along with the LCR forthwith.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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