- (1.) THIS is insurer s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 20.09.2010 passed by the District Forum, Haridwar in consumer complaint No. 30 of 2010. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants opposite parties to revive the insurance policy of the respondent complainant after receiving the amount of premium from him and also to pay damages of Rs. 5,000/ - to the respondent.
(2.) BRIEFLY stated, the facts of the case, are that the complainant had purchased a Jeevan Anand (with profits) (with accident benefit) policy from opposite party No. 2 Life Insurance Corporation of India, 200, Civil Lines, Roorkee for assured sum on 1,00,000/ - on 28.03.2003. The said policy carried yearly premium of Rs. 9,002/ -. The complainant could not deposit the premium of the said policy for the year 2008, on account whereof, the policy in question got lapsed. It is alleged that on 28.03.2009, the complainant visited the office of the opposite party No. 2 and requested for revival of the policy, but the policy was not revived. Alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Haridwar.
(3.) THE insurance company filed written statement before the District Forum and pleaded that the policy of the complainant got lapsed on 28.03.2009; that on 28.03.2009, the complainant submitted Form No. 680 for revival of the policy and submitted relevant information with regard to his health; that the complainant stated that he is not suffering from any ailment / disease; that the complainant submitted application for revival of the policy on 08.04.2009 and submitted the certificate dated 02.04.2009 issued by the doctor; that on the basis of the medical certificate and documents submitted by the complainant, he was got medically examined from Dr. Anand Goswami, who in his report dated 24.04.2009, stated that the complainant is suffering from diabetes since last four years and that the disease is uncontrollable; as per the certificate dated 02.04.2009 also, the complainant is diabetic; hence in the above circumstances, the revival of the policy was rejected and that there is no deficiency in the services of the insurance company. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 20.09.2010 in the above manner. Aggrieved by the said order, the insurance company has filed this appeal.;