Appeal no. 726 of 2004. Case: Dariyav Kunwar Vs Life Insurance Corporation of India.

Case NumberAppeal no. 726 of 2004
CounselFor the Appellant: Mr. Mahendra Kumar, Advocate and For the Respondent: Mr. M.L. Vyas, Advocate
JudgesMr. Sunil Kumar Garg President & Mrs. Sushma Tanwar, Member
IssueConsumer Protection Act, 1986 - Section 15
Judgement DateMay 11, 2005


Mr. Justice Sunil Kumar Garg, President

  1. This appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act of 1986") has been filed by the appellant-complainant against the order dated 28.1.2004 passed by the learned District Forum, Udaipur in Case No. 266/2001 by which the complaint filed by the complainant under Section 12 of the Act of 1986 was dismissed.

  2. It arises in the following circumstances:

    The appellant-complainant filed a complaint under Section 12 of the Act of 1986 before the learned District Forum, Udaipur on 14.12.2001 stating inter alia that on 28.10.1994, her husband Ram Singh (hereinafter referred to as "the deceased") had taken insurance policy from the respondent for Rs. one lac bearing No. 181141819 and its premium was to be paid six monthly to the tune of Rs. 717 /-. It was further stated in the complaint that on 11.6.2001, deceased died in an accident and the premium of the policy was being regularly paid by deceased. It was further stated in the complaint that the risk covered under the said policy was for Rs. one lac. It was further stated in the complaint that on 28.8.2001, the complainant-appellant received a letter from the office of the respondent along with a cheque for Rs. 9,321 /- as full and final settlement of the policy under the head "paid up value". According to the complainant-appellant, that amount was not in terms of the policy and, therefore, she returned the cheque to the respondent and when she returned that cheque, the same was not accepted by the respondent. According to the complainant-­appellant, she was entitled to Rs. one lac as that policy covered risk for that amount. Hence, this complaint.

    A reply was filed by the respondent and its case was that the instalment, which was due in the month of April, 2001, was not deposited by deceased and its grace period was upto 28.5.2001 and upto that period, no instalment was deposited by deceased and when deceased had died on 11.6.2001 meaning thereby before his death, policy had already lapsed. Therefore, in these circumstances, since the policy of the deceased was lapsed policy, therefore, Rs. 9,321 /- were rightly paid to the complainant-­appellant under "paid up value". Hence, no case, complaint be dismissed.

    After hearing both the parties, the learned District Forum, Udaipur through impugned order dated 28.1.2004 dismissed the complaint of the appellant-complainant holding inter alia that since...

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