NCDRC

NCDRC

RP/2229/2009

SHASHIKANT sHRIVASTAVA - Complainant(s)

Versus

LIC & ORS. - Opp.Party(s)

VIKRAM

28 Jul 2009

ORDER

Date of Filing: 26 Jun 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2229/2009
(Against the Order dated 12/09/2008 in Appeal No. 34/1998 of the State Commission Uttar Pradesh)
1. SHASHIKANT sHRIVASTAVA ...........Appellant(s)

Vs.
1. LIC & ORS. ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :VIKRAM
For the Respondent :NEMO

Dated : 28 Jul 2009
ORDER

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This Revision Petition has been filed with a delay of 164 days.  Explanation offered by the petitioner for condonation of delay is that he did not come to know about the pronouncement of the judgment; that though copy of the order had been given to the counsel for the petitioner, who in turn did not send it to the petitioner. 

          The impugned order was passed by the State Commission in the presence of the counsel for the petitioner.  Petitioner had applied for the certified copy on 25.9.2008 and the same was supplied to him on the same day.  Present Revision Petition has been filed on 26.6.2009.  We are not satisfied with the explanation offered by the petitioner for the inordinate delay of 164 days in filing the Revision Petition.  Dismissed on the ground of delay.

          We have considered the dispute on merits as well.  Respondent, along with his wife, had taken a joint Jeevan Saathi Policy on 28.11.1991 for Rs.50,000/-.  It was envisaged in the policy that on the death of the either of the policyholder, double the amount shall be payable.  However, the policy bond was not given.  On 24.5.1995, the wife of the complainant died in a fire accident.  Petitioner filed a claim before the insurance company, which was repudiated on the ground that the death had occurred within six months of the issuance of the policy and, hence, the insurance amount is not payable and only the amount equal to the premium is payable.  Aggrieved by this, petitioner filed a complaint before the District Forum.

          District Forum, vide its order dated 6.12.2007, allowed the complaint, aggrieved against which, insurance company filed an appeal before the State Commission, which was accepted.  Order of the District Forum was set aside and the claim was restricted to the amount equal to the premium payable.

          We agree with the view taken by the State Commission.  Dismissed on the ground of delay as well as on merits.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER