First Appeal No. A/11/439. Case: Life Insurance Corporation of India Vs Nina Sunil Rane. Maharashtra State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. A/11/439 |
| Counsel | For Appellant: Asim S. Vidyarthi, Advocate and For Respondents: Ajay Pawar i/b., Anand Patwardhan, Advocates |
| Judges | R.C. Chavan, J. (President) and Dhanraj Khamatkar, Member |
| Issue | Consumer Law |
| Citation | III (2014) CPJ 56 (Maha.) |
| Judgement Date | March 06, 2014 |
| Court | Maharashtra State Consumer Disputes Redressal Commission |
Order:
Dhanraj Khamatkar, Member
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This appeal takes an exception to an order dated 24.3.2011 passed by the District Consumer Disputes Redressal Forum, Mumbai Suburban in Consumer Case No. 200/2008. Facts leading to this appeal can be summarized as under:
Complainant had availed an Insurance Policy termed as "Jeevan Aadhar" with a view to cover the expenses of her daughter Kalpasvi, who is mentally retarded and at the time of taking policy she was of 11 years old and presently she is of 23 years old. According to the Complainant the Insurance Policy was for the period of ten years. The Complainant further contended that on 3.1.2006 she received a letter from the Opponent Insurance Company along with a form instructing to fill the form to receive the maturity amount. However, the Opponent Insurance Company communicated to the Complainant that the policy is for the life time and after the death of the Complainant the proceeds of the policy will be given to the heirs of the Complainant. Complainant further contended that she has availed the policy for meeting the requirement of her mentally retarded daughter, presuming that the policy is for the period of ten years. The Complainant made communication in writing to the Opponents. However, they have not taken any action. Alleging the deficiency in service for not giving the benefits of the policy to the Complainant, the Complainant has filed a consumer complaint praying that the Opponents be directed to pay an amount of Rs. 1,88,590 including all guaranteed addition/bonus and terminal addition with interest @13% per annum w.e.f. 26.3.2006, Rs. 25,000 as compensation for mental agony and Rs. 10,000 towards costs of litigation.
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Opponents have challenged the complaint contending therein that the policy availed by the Complainant is beneficial to the Complainant and the persons depending on her as per the terms and conditions of the policy. After the death of a policy holder 20% of the amount is given to the policy holders and thereafter the dependents will get a pension as per the terms and conditions of the policy during their life. As per the terms of the policy the mentally retarded daughter would have got benefits during her life-time. Inadvertently the Opponent has written a letter to the Complainant for payment of the insurance amount. After verification, the mistakes were noticed on the part of the Opponent and accordingly they have corrected their record. As per the terms of the...
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