By Mr Justice A. Potasangbam

                 Heard Mr R.K. Goswami , learned counsel, appearing for the  appellant an also heard Mr. D. Deka , Learned counsel, appearing for the respondent.

                This appeal was filed against the order dated  5-4-2011 passed by the District Forum , Cachar in C.P Case No 28/2008, by which the complaint  filed  by the appellant was dismissed on the ground of misrepresentation  and suppression of material fact. We have carefully gone through the  impugned judgment  and also the records received  from the  District Forum  and we find  that the finding  recorded by the District Forum  is tallied and supported by the  documents available on record and therefore, dismissal of the complaint merits no interference from the Commission.

          Both the learned counsel appearing for the parties  have agreed  to the fact that a total  amount  of Rs.36,729/- had been paid by the deceased policy holder  by way of premium  before  his death. Having considered  the facts and circumstances  of the case we are of the  opinion that it will be in  the interest of justice if we direct the respondent  to refund the deposited amount of premiums as mentioned above within a period of two months from the date of receipt of certified copy of this order.

      Ordered accordingly. With the above observation and modification, the appeal stands disposed.

       Send back the orginal records  to the District Forum along with a copy of this order.