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2022 Supreme(Online)(KER) 41798

HIGH COURT OF KERALA
P. G. Ajithkumar, J
DR.SABITHA ANSARI – Appellant
Versus
THE INSURANCE OMBUDSMAN – Respondent


Advocates:
SRI.GEORGE CHERIAN (SR.), SC SRI.K.S.SANTHI SMT.LATHA SUSAN CHERIAN SRI.GEORGE A.CHERIAN SRI.N.KRISHNA PRASAD, CGC

JUDGMENT

The above writ petition is filed with the following prayers:

“i. Issue a writ of certiorari or any other appropriate writ, calling for the records relating to Exhibit P7 and quash the same.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider the complaint of the petitioners on merits and after giving opportunity of being heard and till finalizing the said dispute no coercive action shall be taken for the recovery on any loan availed by Dr. Ansari from the petitioners.

iii. Declare that the limit of Rs.30,00,000/- stipulated in rule 17(3) of the Insurance Ombudsman Rules is applicable only in the matter of ‘compensation’ to be awarded and not a pecuniary limit to entertain complaints.

iv. Declare that the petitioners are not bound to make any repayment towards the balance installment in the matter of home loan availed by Dr.S.V.Ansari.

v. Writ of mandamus directing the 2nd Respondent to honour the claim of the Petitioners forthwith without insisting for any further documents.

vi. Such further and other reliefs which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”[SIC]

2. The

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