Mr. Justice D.M. Patnaik, President—This appeal is at the instance of Peerless General Finance & Investment Company Limited (‘the Company’, for short) against the order of the District Forum, Malkangiri, directing refund of Rs. 27,587/- with interest.

2. The complainant took out an endowment policy of Rs. 1,68,000/- for a period of ten years. The proposal along with initial deposit was made on 20.4.1991. He claims to have paid Rs. 27,587/- towards premiums. It is his case that at the time of signing the proposal, he was given a wrong impression by the Agent of the Company that the insurance policy would also cover life risk. It is further his case that no policy/certificate in original was sent to him at all and, therefore, he was unaware of the terms and conditions of the policy. On 5.2.1997 he came to know that the policy was not to cover life risk and thus wanted to get back the deposited money.

3. The Company in its written version took various defences challenging the claim of the complainant. They deny the fact of their Agent giving out false representation that the policy would cover the life risk. They denied to have received certain portion of the amount claimed to have