NCDRC

NCDRC

RP/4043/2010

SARABJEET KAUR - Complainant(s)

Versus

LIC OF INDIA & ORS. - Opp.Party(s)

MR. RAJESH KUMAR MOUDGIL

04 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4043 OF 2010
 
(Against the Order dated 02/08/2010 in Appeal No. 1516/2007 of the State Commission Haryana)
1. SARABJEET KAUR
R/o. Village and Post Office Arnai Tehsil Pehowa
Kurukshetra
Haryana
...........Petitioner(s)
Versus 
1. LIC OF INDIA & ORS.
Through its Senior Divisional Manager, Sector 17
Chandigarh
2. LIFE INSURANCE CORPORATION OF INDIA
Through its Branch Manager, Branch Office Pehowa
Kurukshetra
Haryana
3. LIFE INSURANCE CORPORATION OF INDIA
Through its Divisional Manager, Branch Office Pehowa
Kurukshetra
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. RAJESH KUMAR MOUDGIL
For the Respondent :NEMO

Dated : 04 Jan 2011
ORDER

Petitioner’s husband, Dilbag Singh, (the insured) had taken a life policy on 28.11.1998 for a sum of Rs.50,000/-.  Policy was lying in a lapsed condition from November 2003 to November 2004.  It was got revived on 13.12.2004 on the basis of personal statement of the insured dated 11.12.2004.  Insured died on 18.12.2004.  Petitioner, being the nominee, lodged a claim with the respondent, which was repudiated on the ground that the policy had been revived on the basis of fictitious personal statement by putting thumb impression of a person other than the life insured. 

 

          Petitioner, being aggrieved, filed the complaint before the District Forum, which was allowed ad the respondent was directed to pay all benefits with interest at the rate of 9% per annum from the date of filing of the complaint till realization within 30 days from the passing of the order. 

 

          Respondent, being aggrieved, filed the appeal before the State Commission, which has reversed the order passed by the District Forum and dismissed the complaint.

 

          We agree with the view taken by the State Commission.  State Commission has relied upon the statement of the Finger Print Expert wherein it has been stated that the thumb impression on the revival form were different from the thumb impression on the original proposal form taken at the time of obtaining the policy in the year 1998.  Finding recorded by the State Commission is based on the evidence of the Finger Print Expert, which has not been rebutted by the petitioner.  No merits.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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