Date of filing :25.06.2018 Date of order :31.10.2022 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO.: 247 OF 2018 IN COMPLAINT CASE NO.: 300 OF 2016 DISTRICT CONSUMER FORUM: AHMEDNAGAR

1. Navida W/o Iqbal Shaikh, 2. Irfan Iqbal Shaikh, Both R/o Rui Chatisi, Tq.Ahmednagar, Dist.Ahmednagar. …APPELLANTS VERSUS

1. The Manager, Bajaj Allianz Life Insurance Co.Ltd., Saraswati Bhavan, Behind Bhuth Hospital, Chandani Chowk, Ahmednagar.

2. The Branch Manager, Central Bank of India, Rui Chatisi, Tq.Ahmednagar, Dist.Ahmednagar. …RESPONDENTS CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.Ajay T.Kanwade for appellant, Adv. M.R.Deshmukh for respondent No.1 Respondent No.2 -exparte.

J U D G M E N T (Delivered on 31/10/2022)

Per Mr.K.M.Lawande, Hon’ble Member.

1. Being aggrieved by the judgment and order dated 16/04/2018 passed by District Forum, Ahmednagar in C.C.No.300/2016, appellants /org.complainants have preferred this appeal.

2. The appellants are the complainants and the respondents are the opponents in complaint No.247/2018 before District Consumer Dispute Redressal Forum. The appellants and respondents are hereinafter referred to as ‘complainants’ and ‘opponents’ as per their status in the complaint and District Consumer Disputes Redressal Forum is referred to as ‘District Forum’ for the sake of convenience.

3. It is the case of complainant No.1 that her deceased husband Iqbal Hasan Shaikh had purchased insurance policy under the name Sarve Shakti Suraksha on 17/10/2012. The first annual premium of Rs.4,000/- was paid on 17/10/2012. The further premiums were to be paid for 15 years. The deceased had saving account with opponent No.2 bank and deceased had given mandate/authorised opponent No.2 to pay further annual premiums from his saving account which is with opponent No.2. The deceased died in an accident in Karnataka on 28/01/2016. After his death complainant claimed Rs.2 lakhs from opponent. However, opponent insurance company refused to settle their claim. The complainants enquired with opponent No.2 bank and observed that opponent No.2 has not deducted the amount from the saving account of deceased and not forwarded the premium amounts to opponent No.1 insurance company. The complainant filed consumer complaint claiming Rs.2 lacs towards compensation for accidental death of deceased and Rs.2 lacs for mental and physical agony and Rs.50,000/- towards cost of litigation.

4. The opponent No.1 insurance company has filed written statement and denied the allegations. It is contended that the deceased paid the first premium only at the time of purchase of policy. It is contended that the deceased gave payment slip of opponent bank on 17/10/2012 for first premium. There is no authority given to opponent No.2 bank for deducting the amounts for further premium. He/deceased had not paid further premiums and his policy is lapsed. Therefore there is no case of deficiency for the complainant against the opponent No.1.

5. The opponent No.2 bank has submitted written statement and denied the allegations contending that the deceased had not given any mandate/authority for deduction of premium and sending premium to opponent No.1 insurance company and requested to dismiss the complaint.

6. The District Forum dismissed the complaint observing that there is no evidence produced on record by complainant to establish that opponent No.2 is authorised to deduct premium and forward it to opponent No.1 insurance company. The District Forum observed there is no deficiency on the part of insurance company as the policy is already lapsed.

7. The complainants filed the appeal on the main ground that the District Forum failed to consider the proposal/enrollment form wherein there is mention of payment of annual premium for 15 years and District Forum failed to consider that there was authorisation given to opponent bank to deduct the premium and forward it to o