Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

This appeal takes an exception to an order dated 31/12/2004 passed in consumer complaint No.28/2004, Ms.Pranali Jayprakash Yeola V/s. The Branch Manager, The New India Assurance Company Ltd., by District Consumer Disputes Redressal Forum, Nashik (‘the Forum’ in short).  The dispute pertains to charging more premiums by declaring higher value of the vehicle.  Since the Insurance Company failed to rectify said mistake as demanded by the complainant, the consumer complaint is filed.  Same stood dismissed along with penal costs and feeling aggrieved thereby, the complainant preferred this appeal.

2.       At the time of hearing of the appeal, both the parties preferred to remain absent in spite of notice published on Notice Board of this Commission, the Bar and on Internet, inspite of the fact that the Insurance Officials briefed independently about the dates given, as well as by way of abundant precaution intimation given by post to both the parties on 31/01/2012.  Under the circumstances, this appeal of the year 2005 is being taken for hearing finally.

3.       In the instant case, in the policy itself on the basis of Insured Declared Value (IDV), the insurance premium was charged.  According to the complainant, said IDV was declared as `23,120/- which ought to have been `16,720/- and accordingly, premium of `93/- was more charged.  When the policy was accepted by the complainant, since she has option for return of the policy, if she did not like it or found it not as per her satisfaction and as she did not exercise said option to return the policy, she cannot now make a grievance about the premium assessed and charged.  Such dispute cannot be termed as a consumer dispute also since it correlates to terms of contract or variation thereof.  Under the circumstances, the ultimate dismissal of the consumer complaint cannot be faulted with and so also since by filing frivolous complaint which is an abuse of process of law, if the Forum in its wisdom imposed penal costs of `100/- cannot be faulted with.  Under the circumstances, we find the appeal is devoid of any substance.  We hold accordingly and pass the following order :-

                             -: ORDER :-

1.                 Appeal stands dismissed.

2.                 No order as to costs.

3.                 Copies of the order be furnished to the parties.

Pronounced

Dated 22^nd February 2012.