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D.P.CHOUDHURY
Branch Manager, Life Insurance Corporation of India – Appellant
Versus
Darupadi Nath – Respondent


Advocates:
Counsel for the Parties:
For the Appellant 1 :M/s. R.K. Pattnaik & Associates., Advocate
For the Respondent:Mr. T.K. swain, Advocate

FINAL ORDER / JUDGMENT

Heard learned counsel for the appellants on V.C. None appears for the respondent. It appears from the record that the respondent is not appearing since long. This matter is of the year 2003. Therefore, this Commission inclined to dispose of the matter on the materials available on record.

2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3. The factual matrix leading to case of the complainant is that the son of the complainant purchased LIC policy under Table and Term 75 – 20 plan on 28.7.2000 from the OPs for a sum assured of Rs.40,000/-. Complainant alleged inter alia that he was paying the premium regularly to the OPs. It is alleged by the complainant that for the month of April, 2001, the premium was not paid and thereafter, it was paid through agent of the OPs but he did not deposit the same. However, the said premium has already been paid on 27.8.2001. In the meantime, the policy holder met accident and on 27.8.2001, the policy holder succumbed to injuries. After the death of th

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