State Consumer Disputes Redressal CommissionLife Insurance Corporation Of India vs Budh Ram Yadav on 26 July, 2010STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA
  
 
 







 



 

STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, HARYANA, PANCHKULA 

 

  

 

  First Appeal No.1425 of 2004 

 

 Date
of Institution:25.05.2004 

 

 Date of
Decision:26.07.2010 

 

Life Insurance
Corporation of India, Flat No.701 to 704 and 710, Vishal
Bhawan 95, 7th Floor, Nehru Place, New
Delhi through its Branch Manager. 

 

Appellant 

 

 Versus. 

 

Budh Ram Yadav
s/o   Sh.
  Mam  Chand  r/o  Village
& P.O. Teekli, Tehsil
and District Gurgaon. 

 

.Respondent 

 

Present:- Mr. P.S. Batta, Adv. for the appellant.  

 

 Mr. A.K. Tyagi, Adv. for the respondent. 

 

BEFORE: 

 

 Honble
Mr. Justice R.S. Madan, President. 

 

 Dr. Rekha
Sharma, Member 

 

 Mr. Diwan
Singh Chauhan, Member. 

 

  

 

  O R D E RJUSTICE, R.S. MADAN, PRESIDENT:-This
appeal is directed against the order dated 18.03.2004 passed by the District
Consumer Disputes Redressal Forum, Gurgaon whereby while accepting the complaint, following
relief has been granted to the complainant:-OP is directed to pay policy amount and other
benefits.We have
gone through the impugned order and are of the view that the District Forum has
neither discussed the evidence nor stand taken by the respondents in the
written statement. The only opinion of the District Forum for granting the
relief to the complainant is as under:-We have heard both the parties and going through the evidence and record
on the file.After
going through the above position of the case, we are of the view that District
Forum has not applied its mind to the pleadings of the parties, evidence and
documents produced on the record and passed by the impugned order, which on the
fact of it appears to be not tenable in the eyes of law. In this view of the
matter, without expressing on the merits of the case, we feel that it is a fit
case, where the matter should be remanded to the District Forum to decide the
case afresh.Accordingly,
this appeal is accepted, impugned order passed by the District Forum is set
aside and case is remanded back to the District Forum to re-decide the same
after appreciating the evidence adduced on record by the parties in accordance
with law preferably within three months from the date of receipt of the copy of
order.The
parties are directed to appear before the District Forum on 17.8.2010.Copy
of the order be given to the parties dasti as well as send the same to the District Forum
forthwith for compliance.The statutory amount of Rs.17,000/- deposited by the appellant at the time of filing of
the appeal is ordered to be released to the appellant after proper receipt,
identification and verification.26th July, 2010 
 Justice R.S. Madan.President.Dr. Rekha Sharma 

 

Member  

 

  

 

  

 

Diwan Singh Chauhan, 

 

Member