FIRST APPEAL NO. 27 OF 2009

        Heard learned counsel for the appellants. None appears for the respondent.

2.      Here is an appeal filedu/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      The case of the complainant in nutshell is that the complainant has deposited Rs.20,000/- for Bima Plus policy but the policy bond was not issued to him. He has got the account code. Since neither the policy bond was issued nor the money was returned, the complaint was filed showing deficiency in service on the part of the OPs.

4.      OPs filed written version stating that the case is not maintainable  and that the complainant has to prove that he has submitted the proposal form and deposited the premium. Therefore, they have no deficiency in service on their part.

5.      After hearing both the parties, the learned District Forum passed the following order:-
                   “xxx     xxxxxx

It is therefore ordered that the OPs are directed to refund the deposited amount of Rs.20,000/- it is further directed that the OPs are to pay a compensation of Rs.60,000/- to the complainant along with a litigation cost of Rs.5,000/- within one month from the date of order. Complaint is partly allowed.”

6.      Learned counsel for the appellants submitted that the impugned order is illegal and improper because no money was deposited by the complainant with the OPs. When there is no money deposited the policy bond could not be issued. Moreover, he submitted that no proposal form was submitted. Learned District Forum ought to have considered all these factsand law. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the  appellantsand perused the impugned order including the DFR.

8.      It is admitted fact that the complainant has deposited Rs.20,000/- on 16.4.2004 vide Account Code 2345  and he has proved it vide Ext.1. We have gone through the receipt and found tht the money has been deposited for Bima Plus policy. According to Section 64 VB, once the money has been deposited, the policy should be issued showing the commencement of risk cover. Of course, no proposal form was found on the record. Even if the proposal form is not submitted, it was not necessary for the OPs to accept the premium.

9.      Be that as it may, the inaction on the part of the OPs is definitely deficiency in service on their part. Therefore, we affirm the impugned order. The appeal being devoid of merit stands dismissed. No cost.

        DFR be sent back forthwith.

       Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.