INDIAN RAILWAYS Vs. C B ASHRA
LAWS(NCD)-2004-4-248
NCDRC
Decided on April 23,2004

INDIAN RAILWAYS Appellant
VERSUS
C B Ashra Respondents




JUDGEMENT

- (1.)This appeal arises from order dated 7.1.2003 rendered by the learned Consumer Disputes Redressal Forum, Sabarkantha in Complaint No.445 of 1999, directing the opponent Life Insurance Corporation of India (L. I. C. for short) to pay to the complainant Rs.15,000/- being the policy amount with interest @ 9% p. a. from the date of complaint till payment and Rs.2,500/- by way of compensation on the head of mental agony and hardship and Rs.1,000/- by way of cost of the complaint. Impugned order went ex parte as, in spite of sufficient opportunity having been afforded to the opponent L. I. C. , no reply was filed before the learned Forum, who held that there was no reason for not upholding the complainant's case about deficiency in service on the part of the opponent L. I. C. of India in not making the payment of policy amount to the complainant being nominee and heir of deceased insured Maganbhai Madhabhai Makwana.
(2.)We have heard the learned Advocates for the parties. We have gone through the impugned order. In our considered opinion, this matter would fall into two parts and we accordingly consider the same. I
(3.)It is not in dispute that the opponent L. I. C. was accorded sufficient opportunity to file its reply and produce evidence. However, no reply was filed. Hence, there was no material on record on the basis of which the learned Forum could have upheld repudiation of the claim by opponent L. I. C. of India and negatived the case of the complainant with regard to deficiency in service on the part of the opponent L. I. C. of India. On this ground only this appeal would merit dismissal. However, for the sake of completion of this order, we propose to take ourselves to the xerox copies of the documents proposed to be relied upon by the opponent L. I. C. of India at this appellate stage. II


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