SHANTI DEVI Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) Briefly stated, the facts of this case are that one Inder Singh (hereinafter referred to as life assured) obtained an insurance policy from the OP Insurance Co. for the period from 26.2.1997 to 25.2.2007 for a sum of Rs.5 lakhs. The life assured died in a road accident in the midnight of 7/8.1.2002. FIR No.197 of 6.3.2002 was lodged with the Police Station, Gurgaon wherein an 'Untraced Report' was prepared by the police and forwarded to the Chief Judicial Magistrate, Gurgaon. Necessary intimation was given to the OP Insurance Co. but it refused to pay the claim amount and hence alleging it a case of deficiency in service and unfair trade practice, the complainants/petitioners filed a complaint before the District Forum. The District Forum vide its order dated 13.8.2007 accepted the complaint and directed the OP Insurance Co. to pay Rs.5 lakhs to the complainants/petitioners within a period of one month. The OP Insurance Co. filed an appeal against this order of the District Forum before the Haryana State Consumer Disputes Redressal Commission, Panchkula ('State Commission' for short). The State Commission vide its order dated 29.3.2011 allowed the appeal of the OP Insurance Co. and set aside the aforesaid order of the District Forum and dismissed the complaint. Aggrieved by the impugned order of the State Commission, the complainants have filed this revision petition against the same.

(2.) We have heard Mr. R.K. Bhartiya, Advocate, learned counsel for the petitioners and perused the record.

(3.) It is seen that the State Commission has reversed the order of the District Forum and dismissed the complaint on the ground that it was barred by limitation. While accepting the appeal of the OP Insurance Co., the State Commission has made the following observations:-