ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.590 of 2019 Date of institution : 06.09.2019 Reserved on : 27.05.2022 Date of decision : 12.07.2022 Star Union- Dai-Ichi Life Insurance Company Ltd. 11^th Floor, Raghuleela Arcade, I.T. Park, Sector-30-A, Opposite Vashi Railway Station, Vashi, Navi Mumbai-400703.

Also At: Star Union-Dai-Ichi Life Insurance Company Ltd., T.F.1-2, 3^rd Floor, Eminent Mall, Plot No.26, Lajpat Nagar, Jalandhar-144001 …..Appellant/Opposite Party Versus Rani, W/o Late Sham Lal, R/o Dushera Ground, Shekhan Wali Basti, Ferozepur, Tehsil Ferozepur-152001.

…..Respondent/complainant First Appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 29.07.2019 of the District Consumer Disputes Redressal Forum (now ‘Commission’), Jalandhar.

Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Argued by:-

For the appellant : Sh. S.R.Bansal, Advocate For respondent : Exparte KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/opposite party against the impugned order dated 29.07.2019 passed by District Consumer Disputes Redressal Forum, Jalandhar (in short, now “the District Commission”), whereby the complaint filed by complainant against opposite party (in short ‘OP’), under Section 12 of the Consumer Protection Act, 1986, was partly accepted and the following relief has been granted:

“10. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OP is directed to pay the insured amount of Rs.9,00,000/- to the complainant within 30 days from the date of receipt of the copy of order, failing which the OP will liable to pay interest thereon @12% per annum from the date of filing complaint i.e. 09.08.2016, till realization”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that being allured by agent of OP, the husband of the complainant namely, Sham Lal (hereinafter referred as ‘DLA’) purchased one Life Insurance policy bearing No.00797604 for the sum assured of Rs.9,00,000/- from the opposite party by paying first premium. Unfortunately, the DLA died a natural death on 13.10.2014 and the complainant being nominee, informed about the death and lodged the claim of Rs.9,00,000/- along with requisite documents with the OP. The OP also appointed investigator, who approached the complainant and took photocopies of the documents and also got the signatures of the complainant on some blank papers and blank printed forms. The OP assured the complainant that her lawful insurance claim would be paid to her shortly, but OP had not paid any amount. The complainant repeatedly approached and requested OP to settle her lawful claim but the claim was repudiated by the OP on flimsy ground that DLA has concealed the information of holding another insurance policy in his name. The complainant served a legal notice upon the OP but all in vain. The DLA had never concealed any fact from the OP and all the column of the proposal form were filled by agent of the OP on his own, at the time of obtaining the insurance policy by the DLA. Moreover, non-disclosure of any previous policy had got no nexus with the present insurance policy. Alleging deficiency in service on the part of the OP, the complainant filed the complaint before the District Commission and sought claim amount i.e. Rs.9,00,000/-.

4. The complaint was contested by the OP by filing written reply, wherein it raised certain preliminary objections, which are not required to be reproduced here for the sake of brevity. On merits the OP stated that the DLA himself approached the office of OP for purchase of insurance policy and had submitted a duly filled proposal form along with first premium cheque. The OP issued the policy in question in accordance with the proposal form filled by the DLA. The pol