NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHIV SHANKAR

JUDGEMENT

(1.) -THIS appeal is directed against the order dated 9. 9. 2004 passed by the District Consumer Disputes Redressal Forum, Sirsa whereby while accepted the complaint of the respondent-complainant, following conclusion has been drawn:

(2.) PUT shortly, the facts of the case as set out in the complaint are that the complainant had purchased a Janta Personal Accident Insurance Policy bearing No. 473227040034 for the period from 9. 12. 1997 to 8. 12. 2012, from the opposite parties. The payment of premium of Rs. 2,000 was made by the complainant. Thereafter, the opposite party No. 2 issued letter No. 353803/jpa/2002 dated 22. 5. 2002 through registered post on 15. 7. 2002, whereby it was conveyed to the complainant that the aforesaid policy had stood cancelled w. e. f. 1. 6. 2002. Terming the action of the opposite party No. 2 as illegal, arbitrary and unlawful, it was pleaded that before termination of policy, prior notice was required to be issued to him. But in this case by the same letter dated 15. 7. 2002 the policy had been cancelled from 1. 6. 2002. Accordingly, it was prayed that the directions be given to the opposite parties treating the policy as subsisting and valid till the expiry period ending on 8. 12. 2012. In addition, Rs. 10,000 was claimed as compensation on account of mental agony and harassment caused to him and Rs. 2,000 as litigation expenses. The complaint was contested by the opposite parties. In the written statement filed it was pleaded that the complainant was refunded the amount as per terms of the policy on pro rata basis. Accordingly, it was prayed that the complaint merited dismissal. On scrutiny of the pleadings of the parties and evidence adduced on record the District Forum found no substance in the stand of the opposite parties and while accepting the complaint issued the directions in its order dated 9. 9. 2004 noticed above. It is against the said order the present appeal has been filed.

(3.) LEARNED Counsel representing the parties have been heard at length.