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Judgment
PRESENT revision petition has been filed under Section 21(b) of Consumer Protection Act, 1986 (for short as ''Act '') against order dated 12.12.2011, passed by M.P. State Consumer Disputes Redressal Commission, Bhopal.
RESPONDENTNO .1/complainant filed a complaint against Petitioner/opposite party no.2 and Respondent no.2/opposite party no.1, on the ground of deficiency of service on the basis of insurance policy in relation to the death of her son in a motor accident, for which insurance amount have not been paid. District Forum after recording evidence and hearing the parties, vide its order dated 8.4.2011, allowed the complaint against respondent no.2 and passed the following order; "(1) On behalf of the applicant, the non-applicant no.1 bank shall send the insurance claim alongwith documents filed by the applicant to the non-applicant no.2 Insurance Company and according to the insurance policy, after the receipt of the claim the Insurance Company shall decide the insurance claim within 45 days of such receipt. (2) Because the non-applicant no.1 bank has unnecessarily harassed the applicant mentally for which damages of Rs.1,000/- and the cost of Rs.500/- be granted to the applicant. "
AGGRIEVED by the above order of the District Forum, petitioner filed an appeal before the State Commission.
VIDE impugned order, State Commission dismissed the appeal and observed as under; "In the operative portion of the order, although it has been directed that the Bank shall forward the documents to the Insurance Company and the Insurance Company shall take decision within 45 days about payment or otherwise of the amount to the respondent No.1/complainant, we find no foundation for filing this appeal, as the Bank has not been directed to take any decision. This appeal is, therefore, dismissed notwithstanding that it is delayed by four months and 15 days. "
We have heard learned counsel for the petitioner and have gone through the record.
ON the face of it, present petition is pre-mature, since till date no final order or any order adverse to the petitioner, has been passed by the foras below.
BOTH the foras below have simply directed the Axis Bank-Respondent no.2, to forward the documents to the Insurance Company-Present Petitioner and petitioner has to take a decision within 45 days about the payment or otherwise of the amount to respondent no.1/complainant. Since, no legal right of the petitioner has been effected by the impugned order or by the order of the District Forum, present revision petition is pre-mature. The same has been filed just to waste the time of this Commission.
ACCORDINGLY , we dismiss this revision petition with costs of Rs.10,000/- (Rupees ten thousand only).
PETITIONER is accordingly directed to deposit the costs by way of cross cheque for the sum of Rs.10,000/- (Rupees ten thousand only) in the name of "Consumer Legal Aid Account " within four weeks from today. Pending application, if any, stands dismissed.
IN case, costs are not deposited within the prescribed period, then petitioner shall be liable to pay interest @ 9% p.a., till realization.
LIST on 31.8.2012 for compliance. Revision Petition dismissed.