IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 13.09.2013 Date of Reserving the order : 05.12.2025 Date of Decision : 27.04.2026 FIRST APPEAL NO.-482/2019 IN THE MATTER OF DR. ASHUTOSH (LEGAL HEIR OF LATE MRS. SUDERSHAN KUMARI)

S/O LATE MR. TARSEM KUMAR, R/O GYATRI NIWAS, B-115, PREET VIHAR, DELHI-110092 …APPELLANT (Through: Himself as well as Ms. Fatima &

Ms. Monal, Advocates Mob.9810009232)

VERSUS THE MANAGING DIRECTOR/ CHAIRMAN, AVIVA LIFE INSURANCE COMPANY INDIA LTD.

2ND FLOOR, PRAKASHDEEP BUILDING, 7 TOLSTOY MARG, NEW DELHI-110001 ……RESPONDENT (Through: Mr. Gurmeet Bindra, Ms. Amita Kumari & Ms. Pallavi, Advocates Mob.9311851166 &

Email: gurmeet@gbalawoffices.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present : Mr. Nitish Kumar proxy counsel for the appellant.

Counsel for the respondent.

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgment, we shall dispose of the appeal filed by the Appellant against the impugned order dated 15.07.2019, passed by Consumer Disputes Redressal Forum-VI, (New Delhi District), M- Block, 1st Floor, Vikas Bhawan, I.P. Estate, New Delhi-110001 (hereinafter referred to as District Forum), in Complaint Case no. 677/2012 titled as Smt. Sudershan Kumari vs. Aviva Life Ins. Co. India Pvt. Ltd. inter-alia praying for setting aside the order passed by the District Forum.

2. While the Appellant was Complainant before the District Forum and the Respondent was Opposite Party before the District Forum.

3. During the course of proceedings, Appellant Mrs. Sudershan Kumari expired on 27.04.2021. Subsequently, application for impleadment of the legal heirs of the deceased was moved by the elder son of the deceased-Appellant namely Dr. Ashutosh. Vide order dated 09.07.2024, the said application was disposed off as allowed and accordingly, the Legal Heirs of the deceased-Appellant were taken on record. Order dated 09.07.2024 reads as under:

“Appellant has already moved an application for bringing on record LRs of the deceased appellant.

Counsel for the respondent states that she has already received copy of the application filed by the appellant but does not wish to file reply to the application. She further states that she has no objection if the application filed by the appellant is allowed.

Perusal of the IA shows that Dr Ashutosh is the eldest son of the deceased appellant and other two LRs however, Mr Rahul Dev and Mr Amitabh Nanchahal have already given no objection in favour of the eldest son Dr Ashutosh.

Appellant has already filed the amended memo of parties.

Perusal of the record shows that respondent has already filed reply to the appeal.

However, parties have not filed the written synopsis.

Last opportunity is granted to the parties to file written synopsis along with judgments, if any, being relied upon by them within a period of four weeks. Advance copies of the same be exchanged before these are filed in the Commission.

Relist the matter on 16.01.2025.”

4. The facts of the case as per the District Forum, record are as under:

“……The gist of the complaint is that the complainant had taken Life Insurance Policy bearing No.RPG1547870 with commencement date being 26.4.2007 from the executive of OP who intimated her that she had to pay Rs.16000/- p.a. for a period of 5 years and after completion of said five years she would get Rs.1.5 lakh as lump sum amount. The complainant paid the said amount regularly expecting the payment of Rs.1.5 lakh but she got only a sum of Rs.79,598/- after five years. Despite her repeated request to the concerned executive and officials of OP, neither she was given any explanation regarding the short payment nor she was entertained properly. The complainant sent legal notice dated 25/06/2012 to the OP but no response was given to her till date. Complainant, therefore approach this Forum for redressal of her grievance.”

5. The District Forum after taking into consideration the material available on r