ASHU MARKAN AND ORS Vs. LIFE INSURANCE CORPORATION OF INDIA AND ORS
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Ashu Markan And Ors
Life Insurance Corporation Of India And Ors
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(1.) SMT . Ashu Markan, and another appellants/complainants (In short "the appellants") have filed this appeal against the order dated 06.12.2004 passed by the learned District Consumer Disputes Redressal Forum, Patiala (in short "the District Forum").
(2.) FACTS giving rise to the present appeal are that the appellants filed a complaint u/s 11 to 14 of the Consumer Protection Act (in short, "the Act"), pleading that appellant no.1 is widow of deceased Sh. Navin Kumar Markan, who was her husband and he got himself insured against Anmol Jeevan Insurance with Sikandrabad branch of respondent First Appeal No.119 of 2005 2 no.1 for Rs.10.00 lacs w.e.f. 01.04.2003 for 20 years. The proposal form was filled and the husband of appellant no.1 was got medically examined on 03.05.2003 and the agent's report was prepared on 06.05.2003. The proposal form was prepared on 12.05.2003 and late husband of appellant no.1 paid Rs.3540/ - as premium on 24.04.2003 and the appellant is the nominee. After completing the formalities, the branch manager assured that the policy will be sent by post as the proposal is in order.
(3.) UNFORTUNATELY , Sh. Navin Kumar Markan died in a road accident on 12.08.2003 and the appellant informed the respondent on 11.09.2003 and completed all the formalities as well as submitted the post -mortem report, death certificate etc.
On 19.09.2003, branch office Sikandrabad refused to pay the claim on the ground that the insured had died before CBC and ESR tests which were to be conducted in the presence of branch/assistant branch manager and the claim is not payable. On 22.09.2003, the respondent no.1 sent a letter along with cheque dated 19.09.2003 for Rs.3540/ - as premium refund which were deposited by the deceased with respondent no.1 on 24.04.2003.;
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