- (1.) THIS appeal is directed against the order dated 3.11.2010 passed by the District Forum, Haridwar, allowing the consumer complaint No.280 of 2008 and directing the opposite party No.1 appellant to pay to the complainant a sum of Rs.50,000 within a month from the date of the order.
(2.) THE facts of the case, in brief, are that late Sh. Deviehand Saini, the father of the complainant, was insured with IFFCO Tokio General Insurance Company Limited -Opposite party No. 1 under an accidental insurance scheme linked with the purchase of fertilizer. The assured died on 16.3.2008 in a road accident. The complainant filed the insurance claim with the Insurance Company after completing all the formalities. According to the complainant, he was entitled to get a sum of Rs.1,00,000 against the said insurance policy, but the Insurance Company repudiated the claim on the ground that the complainant had not submitted the copy of the FIR, Panchnama, documents relating to the treatment of the assured and the post -mortem report. Thus, alleging deficiency in service, the complainant filed a consumer complaint before the District Forum, Haridwar, which was allowed by the District Forum vide impugned order dated 3.11.2010 in the above terms. Aggrieved by the said order, the Insurance Company has filed this appeal.
(3.) WE have heard the learned Counsel for the appellant and perused the material placed on record. None appeared on behalf of the respondents despite proper service of the notice. Learned Counsel for the appellant submitted that the appellant had settled the insurance claim after the investigation and had committed an amount of Rs.36,144 vide cheque No.324220. The complainant had received the cheque on 24.10.2008. Learned Counsel further submitted that under the said insurance scheme for the farmers, the head of the family was insured for a sum of Rs.4,000 for each bag of fertilizer purchased by him. The father of the complainant had purchased 9 bags of fertilizer and, accordingly, he was insured for a sum of Rs.36,000. Learned Counsel admitted that the claim was repudiated initially, but after making an investigation, it was settled for Rs.36,144. These facts were mentioned in the written statement filed by the appellant before the District Forum, but the District Forum ignored the same and awarded a sum of Rs.50,000 without any basis.;