- (1.) Being aggrieved by the repudiation letter dated 2-12-2009 of the opponent insurance company, the complainant has filed present complaint before the State Commission claiming compensation of Rs. 39,70,000/- with interest at the rate of 12%. p.a. from 18.10.2009 till realization and Rs. 2,50,000/- as compensation for deficiency in service and unfair trade practice.
(2.) To dispose of the present case, few relevant facts arc required to be mentioned : It is the case of the complainant that husband of the complainant had filed a proposal with the opponent insurance company for different policies for the total amount of Rs. 19,85,000/- with accidental benefits. Premium of Rs. 18,435/- for the said policies was paid by the husband of the complainant on 21-7-2009. The opponent insurance company had accepted the premium. Medical examination of the deceased husband of the complainant was done on 1 -9-2009. The deceased husband of the complainant had also proposed for the policy from SBI Life insurance on the same day and on the same day medical examination was done. The opponent insurance company assured that within few days, the insurance policies will be issued. It is further submitted that husband of the complainant murdered on 18.10.2009 by Faruqhussain. FIR was lodged with Athva Police station.
(3.) The complainant had lodged a claim with the opponent insurance company on 24.11.2009 with all relevant documents as demanded by the opponent insurance company. The complainant had also lodged a claim with the SBI life insurance. The complainant got the claim from the SBI life insurance on 30-1-2010. But, the opponent insurance company has not settled the claim of the complainant. The complainant received one letter dated 2.12.2009 stating that husband of the complainant died before the acceptance of the proposal made by the deceased husband of the complainant. The complainant had written various letters requesting to grant the claim. The opponent insurance company had written a letter dated 27-12-2010 stating that the claim of the complainant was rejected as per their letter dated 2.12.2019 on the ground that the contract was not concluded on the dale of the death of the deceased.;