LAWS(NCD)-2019-5-86

ACHAL KUMAR TAMBI Vs. M. RAMDAS

Decided On May 16, 2019
Achal Kumar Tambi Appellant
V/S
M. RAMDAS Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 18.05.2018 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (the 'State Commission') in First Appeal no. 287 of 2018.

(2.) The District Consumer Disputes Redressal Forum, Bharatpur ('the District Forum') in the main order dated 30.07.2012 passed in the complaint case no. 31 of 2005 had directed the insurance company to settle the claim and pay the amount within a period of three months. Insurance company repudiated the claim. The complainant filed an execution before the District Forum wherein the District Forum has observed that a decision has been taken by the insurance company and process of settlement of claim was over and therefore, there was no deficiency on the part of the insurance company and the execution application was dismissed vide order dated 16.03.2018. Against this order the complainant preferred an appeal before the State Commission and the State Commission dismissed the appeal vide order dated 18.05.2018 and observed as under:

(3.) From the above, it is clear that the State Commission has granted liberty to the complainant to approach an appropriate Consumer Forum, if the complainant is aggrieved of the letter dated 28.02.2018 wherein the claim has been repudiated.