SURINDER HANDA WIFE OF H N HANDA Vs. HDFC ERGO GENERAL INSURANCE COMPANY LIMITED
LAWS(HPCDRC)-2010-9-9
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 28,2010

Surinder Handa Wife Of H N Handa Appellant
VERSUS
Hdfc Ergo General Insurance Company Limited Respondents

JUDGEMENT

- (1.) BOTH these appeals were listed for hearing on 22.09.2010, when Mr. R. C. Gupta, learned counsel for the OP was not available. As such Mr. Rahul Mahajan, learned counsel for the complainant was heard and case was adjourned to 24.09.2010, when Mr. Gupta appeared and he was heard at length.
(2.) AS both these appeals have been arisen out of the order passed by District Forum, Solan in Consumer Complaint No. 85/2006, as such were heard together and are being disposed of by this order.
(3.) SMT . Surinder Handa, hereinafter to be referred to as the complainant filed the complaint against M/s HDFC Chhub General Insurance Company Limited, hereinafter to be referred to as the OP alleging deficiency in service against the latter. This was disposed of vide impugned order passed by District Forum below on 10.07.2009 in the following terms: - "10. Consequently, the complaint is allowed. The OP - Insurance Company is directed to assess the claim of the complainant in accordance with the rules, apposite to it, without the insurer putting forth the embargo of rules as enjoined in section 3, item 28 of the insurance cover. The OP -Company shall assess the claim within a period of forty five days after the date of receipt of copy of this order and the admissible amount shall be defrayed to the complainant by the OP -Company within fifteen days thereafter. With these observations, the complaint stands disposed of. No order as to the cost. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room. " Both the parties are aggrieved from this order. Complainant has filed Appeal No. 257/2009 asking for specific direction against the OP for payment of amount in terms of policy in question Annexure -I attached with the complaint, whereas Appeal No. 371/2009 has been filed by the OP for setting aside the impugned order and consequently dismissing the complaint while allowing its appeal.;


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