Judgment:
JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT
The appellants are the opposite parties in CC.342/2010 in the file of CDRF. Alappuzha. The appellants are under orders to refund Rs.1,00,000/- with interest at 18% from the date of payment and pay compensation of Rs.25000/- and also to pay a punitive cost of Rs.10000/- and cost of Rs.2000/-.
2. The matter is with respect to the alleged deficiency in service on the part of the opposite parties with respect to the insurance policy having a single premium of 1,00,000/-. It is the allegation that subsequently the opposite parties have split up the amount of 1,00,000/-to Rs.50000/- each and issued two policies and demanded for payment of a further amount of 50000/- each for the 2 policies.
3. Opposite parties remained ex parte before the Forum.
4. It is the case of the appellants/opposite parties that in fact they had appeared before the Forum and filed version which was rejected as not filed in time.
5. In view of the fact that the order is not a contested one. The order of the Forum is set aside on condition that the appellants/opposite parties pay a sum of Rs.8000/- towards cost to the complainant or remit the same before the Forum which can be withdrawn by the complainant. On payment of cost the Forum will permit the opposite parties to contest the matter, to file version and adduce evidence and also to cross examine the witnesses and dispose of the case on merits.
6. The case stands posted before the Forum on 28..11..2011.
Office will forward the copy of this order to the Forum urgently.