MAHENDRA TODI Vs. BIRLA SUNLIFE INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dtd. 26/10/2017 in Revision Petition No. 546 of 2017, whereby the National Consumer Disputes Redressal Commission, New Delhi ('the National Commission') has disapproved the orders passed by the District Consumer Disputes Redressal Forum, Sikar ('the District Forum') and the State Consumer Disputes Redressal Commission Rajasthan, Jaipur ('the State Commission') in relation to the insurance claim of the appellant on the death of his father. While rejecting the complaint case filed by the appellant, the National Commission has, however, directed the respondent insurance company to refund the premium amount of Rs.45,000.00 together with interest @9% p.a.

(3.) A short conspectus of relevant facts leading to the present appeal is that the appellant filed the complaint case leading to this appeal essentially with submissions that his late father had taken an insurance policy of Rs.10,00,000.00 after completing all the requisite formalities. The appellant submitted that his father made payment of an amount of Rs.90,000.00 through cheque dtd. 5/4/2012; and the respondent insurance company issued policy No. 005515236 covering the event of untimely death. The appellant further submitted that he made an insurance claim under the said policy when his father met with his untimely death on 25/4/2012 due to a vehicular accident but, the respondent company failed to honour the claim.