M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL                          

                                   

                                      FIRST APPEAL NO. 34 OF 2016

(Arising out of order dated 03.12.2015 passed in C. C. No.329/2014 by District Commission, Shivpuri)

 

1. BRANCH MANAGER,

    LIFE INSURANCE CORPORATION OF INDIA

    HAJI SANNU MARKET, A.B.ROAD,

    SHIVPURI (M.P.)

 

2. DIVISIONAL MANAGER,

    LIFE INSURANCE CORPORATION OF INDIA

    GWALIOR (M.P.)                                                                                                   ….       APPELLANTS.

 

                   Versus

 

RAJBIHARI LAL,

S/O LATE SHRI CHATUR BIHARILAL,

R/O 20, ADARSH COLONY,

SHIVPURI (M.P.)                                                                                                        ….    RESPONDENT.   

                     

BEFORE:

                  HON’BLE SHRI A. K. TIWARI                      :   PRESIDING MEMBER

                  HON’BLE DR. SRIKANT PANDEY              :   MEMBER

                                  

COUNSEL FOR PARTIES :

                        Ms. Chitra Sharma, learned counsel for the appellants.

                None for the respondent though served.              

                  

                                                  O R D E R

                                       (Passed on 01.09.2023)

                   The following order of the Commission was delivered by A. K. Tiwari, Presiding Member:

                        This appeal by the opposite parties /appellants is directed against the order dated 03.12.2015 passed by the District Consumer Disputes Redressal Commission, Shivpuri (for short ‘District Commission’) in C.C.No.329/2014 whereby the complaint filed by the complainant/respondent (hereinafter referred to as ‘complainant’) has been allowed.

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2.                The case of the complainant in brief is such that on 28.04.2009, he had obtained a policy number 201635767 from the opposite parties-Life Insurance Corporation of India (hereinafter referred to as ‘LIC’) after making yearly premium of Rs.24,020/-. Thereafter, the complainant had deposited Rs.24,020/- as second, third and fourth year premium on 12.04.2010, 28.06.2011 and on 27.09.2012 respectively. It is alleged that when he approached the LIC to deposit the fifth premium in the month of April-2013, he was told for non-deposition of fourth year premium, the policy has become lapsed. Even after assurance, the LIC did not revive the policy nor had deposited the fifth year premium.  The complainant therefore filed a complaint before the District Commission alleging deficiency in service on part of the opposite party LIC seeking relief. 

3.                The LIC resisted the complaint on the ground that on 25.09.2012 the complainant took loan of Rs.26,500/- which was not repaid. In fact, for non-deposit of premium timely, the policy has become lapsed. It is stated that without depositing the premium, the complainant wants to revive the policy. There is no deficiency on part of the opposite party-LIC and therefore, it is prayed that the complaint be dismissed.

4.                The District Commission allowing the complaint directed the LIC to accept the premium to be paid after 2013 without any late fee and to

 

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revive the policy in question within a period of two months.  Hence this appeal by the LIC.

5.                Heard. Perused the record.

6.                Learned counsel for the appellants-LIC argued that the District Commission failed to appreciate the facts and evidentiary material available on record.  It is further argued that the first three premiums were deposited in the office of the LIC. The last premium was deposited on 27.09.2012 through alternate channel/bank and thereafter for non-deposit of premiums in the year 2013 & 2014, the policy has become lapsed. The complainant was negligent in depositing the premiums on time and therefor

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