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.