Mr. D.D. Bahuguna, Senior Member—This is an appeal against the judgment and order dated 3.10.1996 passed by District Consumer Forum, Lakhimpur Kheri in Complaint Case No. 120/1993.

2. Briefly stated the facts of the case are as follows :

The complainant Smt. Nirmala Devi, W/o Late Shri Rajendra Giri, R/o Umaria, Distt. Lakhimpur Kheri lodged a claim before the District Forum alleging therein that the late husband of the complainant had taken a life policy from the opposite party, Life Insurance Corporation of India after completing all the formalities including filling up the proposal form. The proposal was accepted and Policy No. 210339306 dated 27.9.1990 was issued to the life assured. The policy was for a sum of Rs. 1,01,000/-. Sri Rajendra Giri died on 2.12.1990 and the complainant is the legal heir of the life assured. She has five minor daughters who are totally dependent on her. The complainant is entitled to the sum assured from the opposite party. The opposite party was approached by the complainant but the claim was not settled. A legal notice was given to the opposite party on 15.9.1993 which remained unreplied. Although the insurance involved a payment of Rs. 1,01,00