PAHARU RAM Vs. ANIL KESHARWANI

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 13.10.2004 in Complaint No.136 of 2004 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) dismissing the appellant's complaint.

(2.) The essential facts necessary for the disposal of this appeal are that the appellants are parents of deceased S. L. Yadav. According to the averments in the complaint, the deceased S. L. Yadav through respondent No.1, who is an agent of respondent Nos.2 and 3, LIC, deposited premium of Rs.8,756 on 28.2.2003 for obtaining insurance policy for Rs.6,00,000. It is not in dispute that S. L. Yadav died in a motor cycle accident in the intervening night of 23/24.12.2003. The claim of the complainants was repudiated by the LIC on the ground that policy document was not issued by it till the death of S. L. Yadav. Aggrieved, by the repudiation as above, the complainants filed complaint in the District Forum.

(3.) In the District Forum respondent No.1, agent of LIC, denied that any amount was paid to him towards premium by the deceased S. L. Yadav. He also denied that he has deposited any amount with the respondent Nos.2 and 3.