Delay condoned.
2. By this common order, both the abovementioned Revision Petitions are being disposed of since they are filed against the same impugned order.
3. Present Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), have been filed by the Life Insurance Corporation of India (for short “the Insurance Company”) against the order dated 03.05.2018 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (for short “the State Commission”) in Appeals No.2001 and 2118 of 2018. By the impugned order, the State
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Commission allowed the Appeal No.2001 of 2008 filed by the Complainant and dismissed the Appeal No.2118 of 2008 filed by the Insurance Company.
4. Against the order of the District Forum, both the Complainant and the Insurance Company filed the Appeals. Complainant filed the Appeal No.2001 of 2008 and the Opposite Party filed the Appeal No.2118 of 2008.
5. By the impugned order, the State Commission allowed the Appeal No.2001 of 2008 filed by the Complainant; set aside the order dated 22.09.2008 of the District Consumer Disputes Redressal Forum, Deoria (for short “the District Forum”) in Complaint No.602 of 2003 and directed the Insurance Company to pay to the Complainant the policy amount of her deceased husband’s policy and the accident benefit on account of accidental death, after deducting ₹5,134/- accepted under objection by the Complainant, within two months. In the original Complaint, the District Forum, while allowing the Complaint, had directed the Insurance Company to pay to the Complainant ₹15,980/- within one month, failing which the said amount was to carry interest @ 12% p.a. from 22.10.2008 till realization. The Appeal No.2118 of 2008 filed by the Insurance Company was dismissed.
6. Aggrieved by the said order of the State Commission, the Insurance Company has come up before this Commission in these Revision Petitions.
7. Brief facts of the case are that the Complainant’s husband Mahinder Singh during his lifetime took policy of ₹50,000/- and paid premium of ₹5,134/- vide receipt No.2583860 to the Insurance Company through its
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agent. Despite receiving the said premium amount, the case of the Complainant was that the Insurance Company had not issued the policy bond
to the insured. The insured died on 21.10.2001 due to snake bite. The claim was presented by the nominee of the deceased insured. The Insurance Company, however, failed to make the payment to the nominee. The deceased husband of the Complainant had also taken other two policies bearing No.290653003 and 290274510, under which a sum of ₹1,42,400/- and 1,99,700/- respectively were paid by the Insurance Company. The Complaint was filed since the Insured claim of ₹50,000/-, for which premium had been paid, had not been given to the nominee. In the Written Statement, the Insurance Company took plea that there was no concluded contract between the Insurance Company and the Insured since neither the proposal form nor the policy had been issued to the Insured and therefore, no claim was payable. It was on this fact that the impugned order had been passed by the District Forum, based on the documents on file and the evidence led.
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