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S.M.KANTIKAR, DINESH SINGH
ICICI PRUDENTIAL LIFE INSURANCE CO. LTD. – Appellant
Versus
DATTATREY BHIVSAN GUJAR – Respondent


Advocates Appeared:
B.S. Banthia, Adv., Akash Gupta, Adv.

JUDGMENT/ORDER :

S. M. Kantikar, Presiding Member - Heard the learned counsel for both the parties and perused the material on record.

2. The dispute relates to repudiation of the complainant's insurance claim, made under the insurance contract entered into between the Insurance Co. and the complainant.

3. The District Forum had heard both sides, appraised the evidence, and, vide its Order dated 31.10.2015, partially admitted the complaint:

    RATIONALE

5- Issue Nos. 1 to 3- The Opposite Party has raised objection to the jurisdiction of the Forum and given the reference of Hon. Supreme Court in case of Ravneet Singh Bagga v/s KLM Royal Dutch Airlines, (2000) 1 SCC 66 has propounded upon the issue of deficiency in service and has said that only on intentionally providing deficient service the issue of deficient service is proved. In the present complaint the Opposite Party has not, while providing service to the Complainant, intentionally provided deficient service to the Complainant and therefore the present complaint should not be heard in this Forum. Also they have referenced that the Hon. National Forum has propounded the legal principle in the case of Kishore Chandrakant Rathod vs. ICI

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