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

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal 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 purchased the LIC policy from the OP in the year  04.07.2011 for sum assured of Rs.1,00,000/-. But after payment of two years 2011,2012  he did not pay further premium. The complainant  required for refund of the premium paid. As the premium was not refunded, the case was filed.

4.          The OP filed written version took the plea that since three years not lapsed, policy can not be taken as surrender one so as to pay  certain amount as per policy condition. He drew attention to clause-7 of the policy condition.  So, there is no deficiency in service on the part of the OP.

5.        After hearing  both the parties, learned
District Forum   has allowed the claim of the complainant.

6.               Learned counsel for the appellant submitted that as there is premium not paid for three years the repudiation   of the claim by not making any payment to the complainant does not arise. He referred to the clause-7 of the Policy.  Therefore, he submitted to set-aside the impugned order by allowing the appeal.

7.               Considered the submission of learned counsel for the appellant, perused the DFR and impugned order .

8.                   The policy condition in clause-7 is as follows:-

                       “ This  policy can be surrendered for cash after the premiums have been paid for at least three years. The minimum surrender value allowable under the policy is equal  to 20 percent of the total amount of the within-mentioned premiums paid excluding the premiums for the first year and all extra premiums and/or additional premiums for Accident Benefit that may have been paid. The cash value of any existing vested  Bonus additions will also be allowed.”

9.             Admittedly in this case for two years the policy has been paid but subsequently it is discontinued. In such circumstances, as per the policy condition, the complainant is not entitled to any refund as the policy has already lapsed.

     Hence, the impugned order is set-aside  and the appeal stands allowed. No cost.

                Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.   

                  DFR be sent back forthwith.