JUDGEMENT<br /> By Sri. Pampapathi, President:-<br /> This is a complaint filed by complainant Laxman against the opposites Nos- 1 & 2 Insurance Company U/sec. 12 of Consumer Protection Act for to direct it to pay an amount of Rs. 1,00,000/- with other benefits pertaining to policy and to direct it to pay an amount of Rs. 50,000/- towards deficiency in service with interest and cost.<br /> <br /> 2. The brief facts of the complainant’s case are that, his father by name A. Monayya Achari subscribed policy by name Reliance Automatic Investment Plan bearing No. 11899115 for assured sum of Rs. 1,00,000/- on 15-04-08, he paid premium amount of Rs. 2,500/- complainant is the nominee under the said policy. On 16-05-08 his father died, thereafter he filed claim petition before opposite Insurance Company for to pay death benefit under the said policy, but opposite refused to pay the assured sum of Rs. 1,00,000/- with other benefits on untenable grounds and they shown their negligence in settlement and thereby both opposites found guilty under deficiency in their service, accordingly, this complaint is filed by him for the said relief’s. <br /> <br /> 3. The Opposite Parties 1 & 2 appeared in this case. Opposite No-2 filed written version and opposite No-1 adopted the same written version of opposite No-2. The brief facts of the written version filed by them are that, the proposer A. Monayya Achari expired before the commencement of the risk under the policy resultantly Insurance Company has no contractual relationship with life assured, the policy became void ab-initio complainant requested the Insurance Company to return the premium amount of Rs. 2,000/- and according to his request policy was cancelled and returned a premium amount to him, now the complainant cannot claim death benefit under the said policy. All other allegations made by the complainant have been specifically denied and prayed for to dismiss the complaint among other grounds with exemplary cost.<br /> <br /> 4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:<br /> <br /> 1. Whether the complainant proves that, his father A. Monayya Achari subscried death benefit policy bearing No. 11899115 for assured sum of Rs. 1,00,000/- and thereafter he died on 16-05-08, complainant being a nominee under the said policy filed claim petition before the opposite Insurance Company, it shown negligence in making payment of death benefit under the said policy and denied his claim on untenable grounds and thereby both opposites found guilty under deficiency in their services.?<br /> <br /> <br /> 2. Whether complainant is entitled for the relief’s as prayed in this complaint.?<br /> <br /> 3. What order?<br /> <br /> 5. Our findings on the above points are as under:-<br /> <br /> (1) In the Negative.<br /> (2) In the Negative..<br /> <br /> (3) In-view of the findings on Point Nos- 1 & 2, we proceed <br /> to pass the final order for the following :<br /> <br /> REASONS<br /> <br /> POINT NO.1 & 2:-<br /> <br /> 6. In order to prove the facts involved in these two points, affidavit-evidence of the complainant was filed, he was noted as PW-1. The documents Ex.P-1 to Ex.P-9 are marked. On the other hand affidavit-evidence of the territorial Manager of opposite Insurance Company, was filed he was noted as RW-1 and documents Ex.R-1 to Ex.R-7 are marked.<br /> <br /> 7. In the instant case, complainant is contending that, his father subscribed Insurance Policy from opposite No-1 vide policy bearing No. 11899115, Ex.P-1 is the proposal form which is dt. 15-04-08 it is not the LIC policy, however opposite Insurance Company admitted the issuance of policy in the name of A. Monayya Achari but contended that, the risk under the policy commencing from 04-06-08, it was communicated to policyholder to the address noted in the proposal form through Blue Dot Courier, the said policyholder A. Monayya Achari died on 16-05-08 vide death certificate Ex.P-8 produced by the complainant, then it is a fact that A. Monayya Achari died prior to the date of commencement of the risk under the policy. In another word we can say that, as on the date of death, his life was not assured under policy said to have issued by opposite Insurance Company, inspite of proposal form submitted by him, so the complainant cannot claim under the said policy as it is void ab-initio. In addition to it we have gone through the letters at Ex.R-5 & Ex.R-6 sent by this complainant to Insurance Company. In the said letter he requested to refund the premium amount paid by his father towards the said policy, in view of the death of his father, further documents filed by the opposites are very much clear that, in pursuance of these two letters opposite Insurance Company returned the cheque for Rs. 2,500/- vide Ex.P-4 in the name of A. Monayya Achari with letter at Ex.P-3, it was accepted by the complainant. In view of the said circumstances as stated above, we are of the view that, there was no contractual obligation remains in between the complainant and opposite Insurance Company under the said policy, as it was cancelled at the request of the complainant. <br /> <br /> 8. In view of the facts and circumstances discussed above, we have gone through the entire contents of the complaint, no where complainant stated such facts in his complaint, simply he made allegations against the Insurance Company without disclosing material facts as noted above, as such we are of the view that, complainant lost right vide his letter at Ex.R-5 & Ex.R-6 by receiving premium amount of Rs. 2,500/- from the opposite, if any, under the said policy, he not approached us with clean hands, as such we hold that there is no deficiency in service on the part of opposites as alleged against them, accordingly we answered Point No-1 in Negative.<br /> <br /> 9. In view of the finding on Point No-1, the complainant is not entitled for any one of the relief’s as prayed in his complaint, accordingly we answered Point Nos 1 & 2 in Negative.<br /> <br /> POINT NO.3:-<br /> <br /> 10. In view of our findings on Point Nos. 1 & 2, we proceed to pass the following order:<br /> <br /> ORDER<br /> <br /> <br /> This complaint filed by the complainant against opposites No-1 & 2 Reliance Life Insurance Company Ltd., is dismissed. <br /> <br /> Intimate the parties accordingly. <br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 26-02-10)<br /> <br /> Sd/-<br /> Sri. Pampapathi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Gururaj, Member,<br /> District Forum-Raichur.<br /> <br /> Sd/- <br /> Smt.Pratibha Rani Hiremath, <br /> Member. <br /> <br /> <br /> <br /> <br /> <br /> <br />