Complainant Ambuji Subhanji Todke as well as its counsel Shri.A.B.Bhise are absent. None for the opponents is  present. The opponents are already proceeded ex-party. On the last date complainant as well as their counsel Shri.Bhise were absent. However, by way of last chance the matter was adjourned till today but nobody for the complainant is present. Hence, the complaint   deserves to be dismissed in default. It be recalled at 3.30. p.m. for order.

 2.       Matter is recalled at 3.35 p.m. but nobody for the complainant turned up. Therefore, the complaint deserves to be dismissed.

3.       However, we have perused the complaint, evidence affidavit of the complainant and copy of insurance premium receipt  and also copy of the letter issued by the opponent Insurance Company to the complainant returning the amount of initial premium Rs 3190/- as the contract remained unconcluded. On perusal of the copy of first premium receipt, it reflects that the amount of same premium which was paid has tobe adjusted w.e.f. 21/07/2010. However, unfortunately the insured died on 19/07/2010. Therefore, it is  obvious that the contract remained unconcluded and therefore the opponent Insurance Company has  rightly refunded the amount of initial premium to the complainant. Hence, complainant can not claim insurance amount.

4.       Therefore we find that the opponent Insurance Company has rightly repudiated the insurance claim. Hence, complaint is being devoid of any merit deserves to be dismissed. Accordingly the complaint is dismissed. No order as to cost.