- (1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 31.10.2001 in Complaint No. 7/2000 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the Distt. Forum for short), directing the opposite party/appellant to pay a sum of Rs. 25,000/ - under the life insurance policy obtained by Janaklal Yadav, the husband of the complainant/respondent.
(2.) UNDISPUTABLY , the complainant/respondent is the wife of insured deceased Janaklal Yadav. The insured was an employee of Bhilai Steel Plant. He had obtained life Insurance Policy No. 381071429 for the assured sum of Rs. 25,000/ -. It is also not in dispute that two other life insurance policies were also obtained by the insured Janaklal Yadav. However, in this appeal, the claim under the said other policies is not under consideration, hence details of the said policies are not relevant. Monthly premium of Rs. 145/ - was payable regarding the Policy No. 381071429. The policy was to ensure for the period from 28.7.1996 to 28.7.2012. The complainant/respondent is the nominee under the said policy. It is also not in dispute that the insured Janaklal Yadav met with a road accident in July, 1997 and was injured. He ultimately succumbed to the said injuries on 23.1.1998. The complainant laid claim with the appellant/insurer regarding the sum payable under the said Policy No. 381071429 as well as under other policies. The claim was, however, repudiated by the appellant/insurer by their letter dated 21.1.1999 on the ground that the monthly premium was not paid on the said policy as a result of which, the policy has lapsed at the time of the death of the deceased.
(3.) THE complainant lodged the complaint regarding all the three policies obtained by her husband insured Janaklal Yadav. However, in this appeal, aggrieved by the repudiation of her claim by the insurer, the complainant raised a grievance in regard to Policy No. 381071429. As already pointed out earlier, the impugned order regarding Policy No. 381071429 only is to be considered in this appeal. As the Distt. Forum has directed that the assured amount of Rs. 25,000/ - under the said policy be paid by the appellant/insurer to the complainant/respondent. In their reply, the appellant/insurer with regard to the above policy had averred that the said policy lapsed as monthly premium under the said policy was not paid from September, 1997.;