SANGEET LODHA,J. - (1.) By way of this writ petition, the petitioner has questioned legality of order dated 1.8.08 passed by the Permanent Lok Adalat, Churu, whereby an application preferred by the respondent no. 1 under Section 22 C of Legal Services Authorities Act, 1987 (for short "the Act") has been allowed and the petitioner has been directed to make payment of the amount of 33 installments deposited by the respondent no.1 towards the premium of insurance policy obtained by him. That apart, it is ordered that if the payment is not made within a period of two months, the amount payable shall carry interest @ 9% per annum from the date of order till the payment is made.
(2.) Precisely, the facts of the case are that the respondent-Rupesh Kumar obtained a Life Insurance Policy under the Salary Saving Scheme, commencing from 14.2.2000. The premium payable was Rs. 2702/- per month. The amount of premium was used to be deducted from the salary of the respondent and deposited with the petitioner. The premium was deposited upto the month of May, 2001. However, the respondent failed to deposit the premium for the period from June, 2001 to March, 2002. As a matter of fact, during the period from 28.5.01 to 28.2.02, the respondent was under suspension and therefore, the amount of premium was not deducted and deposited by the respondent's employer. Thereafter, the premium was deposited for the period from April, 02 to February, 04. It is submitted that from the month of March, 04, the amount was not deducted and deposited on the request being made by the respondent.
(3.) Since, the respondent had failed to pay premium continuously for a period of three years, the policy stood lapsed and the respondent was denied the payment of the amount of premium deposited as also the profit earned. In these circumstances, the respondent preferred an application before the Permanent Lok Adalat under Section 22 C of the Act with the prayer to direct the petitioner herein to refund the amount of premium deposited by him during the period from August, 2000 to May, 2001 and April, 2002 to February, 2004 alongwith interest. It was alternatively prayed that the petitioner herein may be directed to revive the policy.;