AVTAR SINGH Vs. SBI LIFE INSURANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the Petitioners/Complainants against the impugned order dated 1.05.2012 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (in short, 'the State Commission') in Appeal No. 357 of 2011 The SBI Life Ins. Co. Ltd. Vs Sh. Avtar Singh & Ors. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that deceased Dharam Singh, father of complainants/petitioners purchased insurance policy from OP/respondents and paid first premium of Rs.15,000/- on 9.9.2008. Deceased filled proposal form while subscribing for aforesaid insurance policy. Dharam Singh died on 9.10.2008. When complainants came to know about the policy, they approached OP for payment of amount, but as claim was repudiated, complainants filed complaint alleging deficiency on the part of OPs. OP-1 contested complaint and submitted that, as there was no concluded contract between Dharma Singh and OP, merely by deposit of premium amount along with proposal form, did not automatically result into the issuance of an insurance policy. It was further alleged that on 15.9.2008, Dharam Singh was asked to comply with some requirements, but he failed to comply with the requirements. Denying deficiency on the part of OPs, prayed for dismissal of complaint. OP 2 submitted that complaint may be dismissed for misjoinder of parties, as OP 2 was only operating SB Salary Account of Dharam Singh. District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.2,02,500/-. Appeal filed by the OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties at admission stage and perused record.