ORDER:

                        This order shall dispose of Misc. Application moved by applicant/OP under Section 40 of Consumer Protection Act, 2019 for review of order dated 06.01.2022 passed by the Commission in C.C. No.216 of 2019 titled as Gian Chand Garg Vs. Life Insurance Corporation of India wherein the complaint filed by the complainant has been allowed by this Commission presided over by my Predecessor on the ground that the OP insurance company has illegally and arbitrarily withheld the genuine claim of complainant which amounts to deficiency in service on the part of OP-Insurance Company (LIC of India).  The operative part of the order under review is as under:-  

1. “To pay a sum of Rs.1,20,100/- (Rs.one lac twenty thousand one hundred) alongwith other policy benefit to the complainant alongwith simple interest @ 6% per annum from the date of institution of complaint till the date of order.
2. To pay Rs.2200/- (Rs. Two thousand two hundred) on account of compensation for causing mental & physical harassment to complainant.
3. To pay Rs.2200/- (Rs. Two thousand two hundred) on account of litigation expenses.”

2.                     For seeking the review of order dated 06.01.2022, applicant has averred that the Hon’ble District Commission has ignored the terms & conditions of Policy wherein Maturity Sum Assured was clearly mentioned while issuing policy bond to the complainant.  Further, ‘Maturity sum Assured’ and ‘Death sum Assured’ are two different types of benefits involved which get triggered at two different occasions as clearly mentioned, in the policy bond. In the application, applicant/OP has also urged that the Commission has also not properly considered the documents as well as case laws relied upon by the applicant though the same were just & proper and fully applicable in deciding the complaint. In this way, applicant has prayed that the order dated 06.01.2022 may be reviewed and the complaint of respondent/complainant may be dismissed.

4.                     Heard. Original file summoned. Record perused. After going through the contention of learned counsel appearing for  applicant as well as appreciating the records, we are of the firm opinion that the order dated 06.01.2022 passed by the Commission has been announced after affording due opportunity of hearing to both the parties as well as appreciating the case record/case laws. Section 40 of Consumer Protection Act, 2019 clearly speaks that “District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within 30 days of such order.” But as per our view, there is no any error apparent on the face of record in the order dated 06.01.2022 under review.  Therefore, the application in hand is hereby dismissed with no order as to costs. However, it is advised to applicant/OP, if he is aggrieved with the order under review, he may prefer an appeal before the appropriate authority under the Consumer Protection Act, 2019.  Certified copies of the order be supplied to the parties concerned, as per rules. Original file be returned back alongwith a copy of this order.  Files be consigned to the records after due compliance.

Announced on:14.12.22