UNDERWRITING DEPARTMENT BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD & ANR ; BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD Vs. PRIYANK PATIL

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 31.3.2010 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 919 of 2009 The Underwriting Deptt. & Anr.Vs. Sri. Priyank Patil by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that father of complainant/respondent obtained life insurance policy from OP/petitioner for a sum of Rs.20,00,000/- by paying a premium of Rs.50,000/- and complainant was nominee in the policy. Insured met with an accident on 5.3.2007 and died on 15.3.2007. Complainant lodged claim with OP and OP on 7.11.2007 issued cheque for a sum of Rs.48,850/- which was returned by the complainant because complainant was entitled to receive Rs.20,00,000/-. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as proposal of complainant's father was not accepted by OP and life risk had not commenced as on the date of death of complainant's father, claim was rightly repudiated and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.20,000/- to complainant. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

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