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| Appeal against Div Forum dismissed | | Consumer Commission directs LIC to make payment to respondent | | JAMMU FEB 09
Jammu and Kashmir State Consumer Disputes Redressal Commission Jammu rejected the appeal with costs and directed the Life Insurance Company to make payment of claims to the respondent Swaran Singh son of Kartar Singh of Kalyana R S Pura.
Upholding the order of the Divisional Forum, the Commission said that the insurer being custodian of depositor’s money is under legal obligation to keep its house in order and is always accountable to them being consumers to receive honest and prompt service.
The Life Insurance Corporation had filed an appeal against the Divisional Forum judgement directing the appellant to pay Rs.1.50 lakh to the respondent along with interest at the rate of 6 per cent per annum payable after three months from the date of the death of the insured. The order was challenged on the grounds that the Forum had failed to properly appreciate the evidence, which was brought on the record and had illegally dismissed the application of the appellant whereby permission was sought to cross examine the complainant in order to reveal the truth.
Mr Justice G D Sharma President and Mr. Khalid Hussain Member Consumer Commission after hearing the counsel appearing for the appellant observed that he has tried to flog the dead horse by pleading that the Divisional Forum had failed to discharge
its lawful duty when the application of the appellant for crosses examining the respondent and his witnesses was rejected. The Commission observed that the argument falls like a house of cards in terms of the interim order passed by the Forum on August 6,2003 wherein it is clearly mentioned that no material was found therein to exercise the discretion its favour.
While disposing off the appeal, the Commission observed that the present case related to filling up the gaps or lacunas left out during the trial of the complaint and that cannot be allowed and similarly the other grounds taken in the memo of appeal regarding misappropriation of evidence and non-appreciation of the principle of ‘Uberima Fides’ in a legal manner have no relevance to the merits of the case and they are noted only for the sake of rejection.
The Commission for the aforesaid reasons has rejected the appeal with cost of Rs.3,000 and maintained that on the facts and in the circumstances of the case, the holding of a departmental inquiry by the insurer is necessitated in order to identify the delinquent officers as the insurer is a statutory authority and have acted maliciously resulting harassment and agony to the complainant
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