M.THANIKACHALAM, J. - (1.) This appeal is targeted against the order of the District Forum in C.C.69/2007, on the file of the District Consumer Disputes Redressal Forum, Salem, wherein, the opposite parties/appellants are directed to pay a sum of Rs.2,,50,000/- along with cost, being the sum assured under the policy, as well as for compensation, as per the order dated 27.03.2008.
(2.) Thiru. Selvam, the husband of the complainant had taken a Janata Personal Accident Policy [JPA] from the opposite parties on 12.02.99 for the sum assured Rs.2 lakhs, paying the premium, covering the period from 13.02.99 to 11.02.99. In a road accident, the complainants husband died on 18.12.2006, which was intimated to the opposite parties, requesting to send claim form, for which, instead of complying, they informed that the policy itself has been cancelled, with effect from 1.5.2003 and as such, they are not liable to pay any compensation, which is against the terms and condition of the policy, thereby they have committed negligent act as well as deficiency of service, causing mental agony, and therefore, the complainant is entitled to a total sum of Rs.3 lakhs. Thus accusing, leveling deficiency in service, a consumer complaint was filed.
(3.) The opposite parties, in a way admitting the Janata Personal Accident Policy, resisted the complaint, contending that as per the instructions issued by the higher authorities, long term JPA Policy was cancelled with effect from 01.05.2003, which was intimated to the complainant and as such, on the date of death of the policy holder, since there was no policy at all, they are not liable to answer the sum assured, which information cannot be termed as deficiency in service, thereby praying for the dismissal of the complaint.;