LAWS(MHCDRC)-2011-8-10

MAMTA S ALVA Vs. LIC OF INDIA

Decided On August 17, 2011
Mamta S Alva Appellant
V/S
LIC OF INDIA Respondents

JUDGEMENT

(1.) APPELLANT /original complainant, when called out is absent. Adv. Harihar Bhave is present on behalf of the Respondent/Original Opponent.

(2.) THIS appeal takes an exception to an order dated 11.3.2003 passed by the South Mumbai District Consumer Disputes Redressal Forum ('the Forum' in short) in Consumer Complaint No. 187 of 2001, Mrs. Mamta S.Alva v. L.I.C. of India. It is a consumer complaint pertaining to repudiating the claim under the life insurance policy, which was taken out by Late Mr. Sudhir Alva, husband of the Appellant/Original Complainant, by name - Smt. Mamta Alva. The said life insurance policy was taken on 28.10.1989. Insured Mr. Sudhir Alwa died on 23.8.1993 and thereafter, immediately in the year 1994 an insurance claim was lodged by his wife, who is the Appelllant/ Original Complainant. The insurance claim stood repudiated by the Respondent/Original Opponent on 31.5.1994, referring to the fact that the insurance policy under consideration stood lapsed for non -payment of the insurance premium due in the month of April 1992. Undisputed fact is that the said insurance policy remained lapsed and not revived when the death of the insured had taken place.

(3.) THE Forum finding that the consumer complaint was belatedly filed and was time barred and also disputing the locus standi of the Appellant/Original Complainant to file a consumer complaint dismissed the consumer complaint and feeling aggrieved thereby, this appeal is preferred by the Appellant/Original Complainant.