MANIK CHANDRA PAHARI VILLAGE & P.O MAHENDRAGUNJ, P.S SAGAR, DISTRICT : 24 PARGANAS SOUTH Vs. SENIOR BRANCH MANAGER, DIAMOND HARBOUR BRANCH, LIC OF INDIA & ANOTHER DIAMOND HARBOUR BRANCH, LIC OF INDIA, MUNICIPAL MARKET COMPLEX, DIAMOND HARBOUR, DISTRICT : 24 PARGANAS

JUDGEMENT

(1.) This revision is directed against the order of West Bengal State Consumer Disputes Redressal Commission, Kolkata, dated 28.5.2014 in first appeal No.85/2013. The State Commission vide impugned order reversed the finding of the District Forum allowing the complaint filed by the petitioner/complainant and dismissed the complaint imposing cost of Rs.10,000.00.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the petitioner/complainant filed a consumer complaint alleging that he purchased seven Market Plus Insurance Policies bearing Nos.41750027, 417050030 to 32, 417050050, 417050069 and 417050034 from the respondent/opposite party No.1. It was the case of the complainant that he had paid premium for six policies by cheque and premium for policy No.417050050 for Rs.25,000.00 was paid in cash. The policies were purchased on 28.2.2007. When the petitioner applied for surrender of policies on 7.2.2011, surrender value of six policies was paid to the complainant but the opposite party No.1 declined to make payment in respect of policy No. 417050050 on the plea that no consideration for the said policy was paid and actually it was issued by mistake.

(3.) Opposite party No.1 pleaded that aforesaid policy was cancelled on the same day on noticing the error and against the proposal form submitted in respect of the said policy, a replacement policy No. 417050369 was issued.