S.C.DATTA, S.MAJUMDAR, D.KARFORMA
BALURGHAT TRANSPORT CO. LTD. – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent
Mr. Justice S.C. Datta, President—Vide order dated 11.5.1998 the Forum dismissed the complaint on the ground that the term of the policy ran for the full period and the period has expired. The Forum further observed that it is claim for refund of money after the expiry of the Insurance Policy.
2. Feeling aggrieved by the dismissal order the complainant has appealed. The complainant has prayed for refund of excess amount allegedly paid by them to the Insurance Company towards carrier legal liability policy. The total amount paid for this policy was Rs. 97,878/-. The complainant requested the Insurance Company to adjust the premium amount thus paid against the actual despatches made and to remit the balance amount aggregating Rs. 47,211.53 paise. The case was contested by the Insurance Company by filing written version wherein it has been challenged that the present dispute is not a consumer dispute. The charge for service is essentially a matter of pricing which cannot be adjudicated by the Forum. The Insurance Company informed the complainant further that no refund was permissible as per terms and conditions contained in the policy. The Insurance Company referred the matter to
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