Arunkumar, v. Insurance Regulatory And Development Authority Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17850 of 2022 and W.M.P.(MD)No.13036 of 2022 Arunkumar ... Petitioner Vs.

1.The Insurance Regulatory and Development Authority of India, Sy No.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad-500032.

2.Insurance Ombudsman, Fatima Akhta Court 4th Floor, 453, Anna Salai, Teynampet, Chennai-600 018.

3.SBI General Insurance Company Limited, Rep. by its Manager, 9th Floor, A & B Wing Building Road, Andheri East, Mumbai, Maharashtra-4000099.

4.SBI General Insurance Company Limited, Rep. by its Manager, No.6A, 4th Floor, Dr.Ambedkar Road, 1/4

Kodambakkam, Chennai-600 024.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order dated 25.05.2022 passed by the Respondent No.4 and quash the same as illegal and consequently directing the Respondent No.3 and 4 to settle the Insurance claim amount to the Petitioner within the time fixed by this Court.

For Petitioner : Mr.R.Venkatesan

ORDER

Heard the learned counsel appearing for the petitioner.

2. The petitioner is aggrieved by the repudiation of insurance policy.

3. The petitioner has an effective remedy before the consumer forum. Since the contentious facts are involved in writ proceedings, the petitioner may not get relief. I decline to entertain the writ petition. The petitioner is at liberty to move the consumer forum.

4. The petitioner's counsel states that a complaint will be filed before the consumer forum within a period of two weeks from the date of receipt of a copy of this order. If such a petition is filed, the jurisdictional consumer forum is directed to dispose of on merits and in accordance with law within a period of twelve months thereafter.

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5. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

10.08.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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