Appeal against dismissal of ea in consumer forum
T. Kalaiselvan, Advocate
(Querist) 08 November 2014
This query is : Resolved
Dear experts, this is my own brief. In my client's consumer case against LIC and District Cooperative Bank claiming insurance money on the death of cooperative printing press employee while in service, the District cooperative bank which did not remit the insurance premium deducted from the employees' salary to the LIC under group insurance arrangement for months together, rejected the claim money of the nominee of the deceased quoting some flimsy reason without consulting LIC at all. The nominee approached consumer forum which after proper trial held that both LIC and cooperative bank are jointly and severally liable to pay the complainant insurance amount of Rs. 1,00,000/- along with interest @ 12% per annum from the date of complaint. Subsequently, after six months, my client's previous counsel filed EP claiming the award amount with accrued interest. During trial, LIC promptly paid the insured amount of rs. 1 lakh, whereas the interest amount was not at all paid by either of the JDs, but by mistake the previous counsel endorsed FS on the docket of the memo filed by respondent (LIC) whereas in the inside of the memo, he clearly mentioned part satisfaction and received Rs. 1 lakh. But the forum terminated the EA erroneously noting the full satisfaction endorsement on the docket of the memo. This case was referred to me wherein I filed another EA claiming the interest amount alone but the court/forum dismissed my EA stating that the EA has been terminated hence not liable. Now can I prefer appeal against the dismissal of EA or revision before the state commission? or whether to challenge the order on the previous EA which was erroneously terminated without going through the complete facts of the case. I am ready to clarify any questions raised on this query by experts.
Devajyoti Barman
(Expert) 09 November 2014
Revision lies in State Commissioner whereby the matter is likely to be remanded to initiate fresh EP to recover rest amount.
Rajendra K Goyal
(Expert) 09 November 2014
Agree with the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Querist) 13 November 2014
Thank you experts, I was told by the forum to prefer appeal against the present decision of the forum dismissing my EA claiming the balance amount. But shall go ahead with revision seeking remand or setting aside the forum's order and to order payment of balance amount by the respondents.
