NCDRC

NCDRC

RP/4330/2012

SUMIT SONI - Complainant(s)

Versus

TATA AIG LIFE INSURANCE CO. LTD. & 2 ORS. - Opp.Party(s)

MR. H.D. THANVI & MR. RISHI MATOLIYA

27 Nov 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4330 OF 2012
 
(Against the Order dated 23/08/2012 in Appeal No. 1615/2011 of the State Commission Rajasthan)
1. SUMIT SONI
S/o Ramkumar Soni By Caste Soni, R/o Anand Nagar, behind Shiv Mandir Cinema Hall, Tehsil &
SIKAR
RAJASTHAN
...........Petitioner(s)
Versus 
1. TATA AIG LIFE INSURANCE CO. LTD. & 2 ORS.
Through Local Branch Manager, Local Branch Station Road, Infront of Faglawa Petrol Pump, Above Variety Store, Sikar, Tehsil &
SIKAR
RAJASTHAN
2. TATA AIG Life Insurence Co Ltd., (Regd No-110) Registered and Corporate Office,
Peninsula Tower floor, Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel,
MUMBAI - 400013
MAHARASTRA
3. TATA AIG Life Insurence Co Ltds Unit No-302
Through Manager (Claims) Building No-4, Infinity-Malad (East)
MUMBAI
MAHARASTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.H.D. Thanvi, Advocate
For the Respondent :NEMO

Dated : 27 Nov 2012
ORDER

Heard learned counsel for the petitioner at admission stage. Brief facts of the case are that complainant mother paid premium of Rs.49,923/- on 17.10.2008 to take insurance policy from OP and complainant mother died on 26.10.2008 and complainant preferred claim which was repudiated by OP hence complainant filed complaint. Learned District Forum dismissed the complaint as complaint mother died before proposal was accepted and learned State Commission vide impugned order upheld the order passed by the District Forum. Learned counsel for the petitioner submitted that letter dated 02.02.2009 has not been written by the complainant and in such circumstances, complainant is entitled to get sum assured. Learned counsel for the complainant could not place any citation in support of contention that merely by depositing premium with the proposal form he is entitled to get sum assured even without acceptance of proposal form. It appears that there was no concluded agreement between the parties. In such circumstances, as complainant mother died before acceptance of proposal, the complainant is not entitled to get sum assured and learned State Commission has not committed any error in dismissing the appeal. Consequently, the revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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