PRABH DYAL WADHWA Vs. KOTAK MAHINDRA OLD MUTUAL LIFE INSURANCE LTD. AND ORS.

JUDGEMENT

(1.) This appeal is directed against an order dated 21.09.2015, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short the Forum only) vide which, it dismissed complaint, filed by the complainant (now appellant). At the same time, it was held by the Forum that since the case involves disputed question of facts, the complainant is at liberty to avail legal remedy before the competent Court, for redressal of his grievance.

(2.) After three years of issuance of policy, the appellant started making false allegations, referred to above, against the respondents. It was specifically stated that that appellant is not a consumer, as he has invested the money in a unit linked plan, for future profits. The remaining averments, were denied, being wrong.

(3.) Qua forgery of the document-consent letter, there is serious dispute on facts. It is also in dispute, whether the policy was issued for the period of three years with locking period, or it was for a period of 10 years, with yearly payment of premium. It is an admitted fact that the principal amount of Rs.1,20,000/- stood returned to the appellant, however, without interest. In view of disputed facts, referred to above, we need not to go into question, whether the appellant is a consumer or not. The alleged disputed facts, needs recording of detailed evidence; calling of the witnesses and their examination etc. which the Consumer Foras generally avoid, as in most of the cases, proceedings before it are summary in nature.