Back
Page 1 of 9
R.I. DESAI A/13/1542
Details
DD
MM
YY
Date of Judgment
26
04
2021
Date of filing
30
03
2013
Duration
27
00
08
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD.
COURT NO: 05
Appeal No. 1542 of 2013
Life Insurance Corporation of India
Through its Ahmedabad Division Office,
“Jivan Prakash”
Tilak Road, P.B. No. 277,
Ahmedabad – 38001. … Appellant
V/s.
Laljibhai Babubhai Thori,
Residing at Indiaranagari,
Village: Kanjari
Ta. Nadiad, Dist. Kheda. …Respondent
CORAM: Dr. J.G. Mecwan, Presiding Member.
APPEARANCE: Shri M.J. Shelat, L.A. for the appellant.
Shri K.H. Vaghela, L.A. for the respondent.
Order by Dr. J.G. Mecwan, Presiding Member.
Judgment
1.Being aggrieved by and dissatisfied with the judgment and order
rendered by the District Consumer Disputes Redressal Commission,
Nadiad on 04.01.2013 in Complaint No. 182 of 2012, the original
opponent has filed the present appeal under Section 15 of the
Consumer Protection Act, 1986 before this Commission. For the
Page 2 of 9
R.I. DESAI A/13/1542
sake of the convenience, parties are hereinafter referred to by their
original nomenclature.
2.To dispose of this appeal, few relevant facts are required to be
mentioned: It is the case of the complainant that the complainant
has obtained following 03 policies from the opponent Insurance
Company :
A.Policy no. 871027973 taken on 27.07.1993 with six monthly
installments of Rs. 990/-.
B.Policy no. 871025557 taken on 15.07.1993 with premium of Rs.
968/-.
C.Policy no. 871035772 taken on 28.12.1994 with premium of Rs.
235/-.
It is the submission of the complainant that he has taken loan
of Rs. 30,000/- against policy no. 871027973 and the other loan of
Rs. 17,000/- against the policy no. 871025557. It is further
submission of the complainant that when he shifted to Karnataka
due to business purpose; he gave Rs. 2193/- as a premium amount
to his agent Mr. Jashwantsinh Fatesinh and also asked him that if
any amount needed for premium please let him inform. At that time
the said agent Mr. Jaswantsinh has demanded original 03 policies
from the complainant but he only handed over 01 policy to him
because the remaining 02 policies were in the bank. It is further the
Page 3 of 9
R.I. DESAI A/13/1542
case of the complainant that when he came back from Karnataka he
approached the said agent Mr. Jaswantsinh Fatesinh but at that
time he came to the knowledge that he has cheated with so many
people like him and thereafter complainant has approached the
opponent Insurance Company to deposit the remaining amount of
premium but opponent Insurance Company informed him that the
said agent has submitted his bogus death certificate and received
the claim amount. It is further submission of the complainant that
without verifying the documents the opponent Insurance Company
has paid the claim amount to agent and also the opponent
Insurance Company has not handed over the cheque of the claim
amount in personal to his wife and therefore by this way the
opponent Insurance Company has shown deficiency in service.
3.It is further submission of the complainant that opponent Insurance
Company has filed Criminal complaint against the agent Mr.
Jaswantsinh and the said compliant has already been disposed of
and therefore the complainant is entitled to get the policy amount of
Rs. 1,52,849/- but the opponent Insurance Company has not
taken any action and
