Heard learned counsel for both sides.
2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. The case of the complainant in nutshell is that the complainant’s husband had purchased LIC policy bearing No. 598275319 from the OPs but he died on 6.8.2013. It is alleged inter alia that after the death of the insured, claim was made but the OPs only settled the claim on ex-gratia by awarding Rs. 62,500/- on 13.10.2015 without accidental benefit under the policy. So the complaint was filed.
4. OPs filed written version stating that the premium was paid on 26.2.2013 and thereafter no premium was paid for which before the death of policy holder the policy was lapsed. So, they have no any deficiency in service on their part.
5. After hearing learned counsel for both parties, learned District Forum dismissed the complaint.
6. Learned counsel for the complainant/appellant submitted that there is a document of insurance Company which allowed the complainant or his nominee to pay the unpaid premium within three months to save the policy. He also submitted that learned District Forum has failed to appreciate the documents with proper perspectives. He also submitted that he has got other documents to file but opportunity was not given to him. So, he submitted to set aside the impugned order by remanding the matter to the learned District Forum for fresh disposal.
7. Learned counsel for the respondents submitted that the documents adduced by the learned counsel for the complainant is not recognized by law. So, he supports the impugned order.
8. We have considered the submission of learned counsel for respective parties and perused the DFR including the impugned order.
9. It appears from the impugned order that the learned District Forum has not taken into consideration the insurance guidelines produced by the complainant. Moreover, there are certain documents to be filed by the complainant. So without going through the merit of the case, we are of the opinion that the matter should be remanded to the learned District Forum to allow both the parties to produce evidence further, if any and the learned District Forum shall dispose of the case in accordance with provision of law within 45 days from the date of receipt of this order. Both parties are directed to appear before the learned District Commission on 30th June, 2022 to receive further instruction from it. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
