P.Pandi Meena v. The Chairman (Irda)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21255 of 2023 P.Pandi Meena ... Petitioner Vs.

1.The Chairman (IRDA) O/o.IRDA, Insurance Ombudsman, O/o.Insurance Ombudsman, Fathima Akhtar Court, 4th Floor, 453, Annasalai, Teynampet, Chennai-600 018.

2.Aadhar Housing Finance Ltd., Branch Office No.338/1, 1st Floor, 1st East Main Road, Anna Nagar, Madurai-625 020.

3.Pramerica Life Insurance, Branch Office at 2nd Floor, HR Tower, 80 Feet Road, Anna Nagar, Maduai-625 020.

4.The Pramerica Life Insurance Limited, Heard Office at 4th Floor, Building No.9, Tower B, Cyber City, DLF City Phase III, 1/4

Gurgaon:122 002, Hariyana.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the representation of the petitioner dated 04.10.2023 and to issue appropriate direction to the 3rd and 4th respondents to issue the claim insured amount of petitioners deceased husband namely Pandi who taken the Life Insurance Policy in COI.no.GC00003802 OF NOO dated 23.12.2020 which covered to the housing loan account No.00437934 and adjust the same against the housing loan outstanding as on 08.05.2021 to the 2nd respondent Aadhar Housing Finance Limited, Madurai and consequently return the title deed of the petitioner within a time stipulated that may be fixed by this Court. For Petitioner : Mrs.K.Abiya

ORDER

When the matter was taken up for hearing, the learned counsel for the petitioner fairly informed me that the petitioner's request was negatived by the first respondent as time barred. This communication dated 29.09.2023 was received by the petitioner only last week.

2. I am of the view that the petitioner can very well move the jurisdictional consumer forum for relief. If the petitioner files a complaint against the insurance company within a period of four weeks from the date of 2/4

receipt of a copy of this order, the same will be entertained without reference to limitation and disposed of on merits and in accordance with within a period of eight months from the date of such filing.

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

16.10.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 17.10.2023 3/4

G.R.SWAMINATHAN, J.

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