Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 2668 of 2007

Life Insurance Corporation of India, Branch

Bhagwa Ki Chungi, Pratapgarh through its

Branch Manager.                                                 …Appellant.

Versus

1- Smt. Nirmla Tripathi w/o Late Sri Rajendra Prasad

    Tripathi, R/o 6/17, Khush Khuswapur Bhagwa Ki

    Chungi, behind the Supply Office, District,

    Pratapgarh.

2- Central Bank of India, Pratapgarh through its

    Branch Manager.

3- Branch Manager, Chhetrya Gramin Bank,

    Deewgan, Pratapgarh.                                .…Respondents.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

Sri Sanjay Jaiswal, Advocate for appellant.

Sri V.R. Chaubey, Advocate for the respondent no.1.

Sri M. P. Yadav, Advocate for the respondent no.2.

None for the respondent no.3.

Date   18.6.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been filed against the judgment and order dated 30.10.2007 passed by the Ld. District Forum, Pratapgarh in complaint case no.348 of 2004, Smt. Nirmla Tripathi vs. Life Insurance Corporation of India & prs., whereby the ld. District Forum allowed the complaint and directed the appellant insurance company to pay Rs.5,00,000.00 as insured amount.

          As per the case of the complainant, her husband Sri Rajendra Prasad Tripathi has purchased an insurance policy bearing no.311788393 for Rs.5 lacs, the date of maturity of which was 24.10.2018. The premium was payable on half yearly basis. The first installment was paid on 24.2.2003 and for second installment a cheque no.165520 of Kshetriya Gramin Bank, Diwanganj for Rs.2068.00 on favour of the LIC was issued which was received by the LIC on 29.8.2003 and deposited the same with its banker Central Bank of India, Pratapgarh, opposite party no.2 of the complaint case. This cheque was sent to the Kshetriya Gramin Bank, Diwanganj for collection . This cheque was returned by the Kshetriya Gramin Bank, Diwanganj. The life assured died on 29.9.2003. A claim was submitted before the LIC which was repudiated on the ground that the premium was not recovered by the LIC before the death of the insured, hence, no claim is payable. 

          The ld. District Forum considered the evidence submitted by the parties and concluded that the insured had issued a cheque before the due date and the same was received by the LIC. Therefore, LIC is liable to pay the insured amount due to the death of the insured person. 

          Ld. counsel for the appellant argued that the cheque was returned by the respondent no.3 which was received by the appellant on 30.10.2003 and the life insured died without paying the premium on 29.9.2003 itself the respondent no.3 who managed to keep the said cheque unpaid and returned the said cheque with remark “drawer deceased”. After receiving this information, the appellant immediately informed the respondent/complainant as the premium was not received the policy became lapsed and nothing is payable to the complainant. 

          Having gone through the record and hearing the argument of the ld. counsel appearing for the parties, this fact is established and admitted by the appellant that a cheque was issued prior to the death of the insured person and this cheque was sent to Kshetriya Gramin Bank, for clearance. The assured person was not acquainted, what happened to the collection process. He was not concerned with the collection process unless and until was informed by the LIC that there is some hurdle in collection of the amount mentioned in the cheque. 

          In view of above analysis, the judgment and order passed by the ld. District Forum is perfect and no interference requires.    

ORDER

          Appeal is dismissed.

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decree, as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

       (Sudha Upadhyay)                        (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PAI

Court 2