S.C.VYAS,PRESIDENT - (1.) THIS is an appeal of unsuccessful complainant whose Complaint No. 314/07 has been dismissed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), vide order dated 18.9.2008.
(2.) AS per facts of the case the appellant herein is the widow of one Peelaram Kosle, who obtained life insurance policy of Rs. 25,000 from respondent No. l through respondent No. 2 on 16.8.2003, the name of the policy was Jan Raksha Yojana. Premium of the policy was payable by 15th of every January, April, July and October every year. It is not in dispute that premium for the month of October, 03 was not paid in time. As per the case of the complainant on 4.1.2004, premium for the month of October 03 as well as for the month of January 04 were paid together to the insurance agent for depositing the same with the LIC. The agent deposited the amount on 9.1.2004. On that very date the insured died an unnatural death by drowning in a well. Then claim for sum assured was preferred by the complainant, which was repudiated by the Insurance Company on the ground that the policy had already been lapsed in the month of October 03. The same stand has been taken by the LIC in the written version also and it has been specifically pleaded that the policy had already lapsed automatically when amount of premium was not deposited, at the due date or not even within 30 days thereafter during grace period. It has been submitted that the lapsed policy could not revive even after deposit of due premiums.
(3.) LEARNED District Forum has taken into consideration the material placed before it by both parties and ultimately, dismissed the complaint. The only question, which arises for consideration before this Commission is whether the policy could be termed as revived after the deposit of premium on 9.1.2004.;