- (1.) SINCE these appeals under Section 15 of the Consumer Protection Act, 1986 involve common question they are being disposed of by this common order. These appeals arise from the orders of the District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'Distt. Forum' for short) in complaints as detailed below: JUDGEMENT_1_LAWS(CHHCDRC)9_2004.htm
(2.) IT is not in dispute that the complainants/respondents in the above appeals are the legal representatives of the deceased who were members of the Steel Workers Union, Bhilai (hereinafter called 'INTUC', Bhilai). The said union negotiated with the appellant insurer for group insurance of the members of INTUC. Accordingly group insurance policy known as "Janata Personal Accident Insurance Policy' (hereinafter called the 'Janata Policy" for short), was issued in favour of the members of INTUC including the insured, on whose death the complainants have filed the complaints. Undisputedly the premium was paid by deceased/insured and that a sum of Rs. 5 lacs was payable under each of the said policy, in case of death by accident, of the insured persons covered by the said policy. The policy was to be remained in force from 9.1.1999 to 8.1.2011. Individual certificate of insurance was issued in favour of each of the deceased/insured. It is also not in dispute that the insured persons died due to accident, during the subsistence of the said policy.
(3.) THE complainants of each of the complaint laid claim of the assured amount of Rs. 5 lacs payable to them under the said Janata Policy. However, the claims were repudiated by the appellant/insurer on the ground that the policy has already been cancelled by the appellants/insurer by their letter dated 20.12.2001/26.11.2001 addressed to the Steel Workers' Union. Aggrieved by the repudiation as above the complainants filed complaint before the Distt. Forum praying that the appellant/insurer be directed to pay the assured amount to them. The appellant/insurer resisted the complaint mainly on the ground that the policies having been cancelled earlier as intimated by their letter addressed to Steel Workers' Union, Bhilai, the appellant/insurer is not liable to pay the assured amount under the Janata Policy.;