Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

None present for both the parties.

1.      We are finding that the original complainant / appellant herein has filed this appeal against the LIC, alleging that his wife had taken policy of `1.00 lac on 14.10.2002 under salary saving scheme.  His wife was serving under Panchayat Samiti, Bhandara as an Asstt. Teacher at village Sonuli, Bhandara i.e. under the Zilla Parishad, Bhandara.  It was the duty of the employer to transmit monthly premium from the salary of the policy holder to the LIC in respect of the said policy.  However, from Dec.2002 to Nov.2004, i.e. about 12 months the premiums were not deducted by the employer from her salary and consequently, those premiums were not sent to the LIC.  However, complainant pleaded that it was the duty of the LIC to bring this fact to the notice of employee - his wife, but they did not intimate and therefore the policy ultimately lapsed.

2.      After the death of his wife, he filed consumer complaint, claiming assured amount under the said policy from the LIC.  However, the Forum below agreeing with the submissions made by LIC, held that policy of deceased was in lapsed condition, since monthly premiums for twelve months were not paid by the employee or her employer.  Once, policy is lapsed, there is no question of making any payment on the ground of death of policy holder.  Forum below, therefore, was pleased to dismiss the complaint on finding that policy was in lapsed condition and it was not renewed throughout her life time.

3.      Against the dismissal, this appeal has been filed by the original complainant.

4.      We perused the judgment and documents placed on record.  We are finding that the dismissal order passed by the Forum below is just and proper and requires no interference when policy of appellant’s deceased wife, was in lapsed condition. Even after the death of life assured, LIC was not duty bound to make payment.  As such there is no deficiency on the part of LIC / respondent herein, we are finding that the dismissal of the complaint is sustainable in law and there is no merit in appeal.  Hence, we pass the following order:-

ORDER

1.      Appeal stands dismissed.

2.      No orders as to costs.

3.      Inform the parties accordingly.

          Pronounced on 03.05.2011.

sj