BUDHIBEN PABABHAI Vs. LIC OF INDIA & ORS

JUDGEMENT

(1.) IN this revision petition challenge is by the petitioner/complainant to the order passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (State Commission for short), who vide its order dated 6th of October, 2005 had dismissed her complaint, which had been allowed by the Jamnagar District Consumer Disputes Redressal Forum (District Forum for short) directing the respondents/Life Insurance Corporation of India to pay to the petitioner/complainant a sum of Rs. 50,000 towards the amount of insurance together with all benefits and interest @ 9% from the date of complaint till realization and also pay a sum of Rs. 2500 towards the cost of litigation. The order of the District Forum too has been set aside by the State Commission.

(2.) FACTS , in brief, are that the husband of the petitioner/complainant had obtained a money back insurance policy with accident benefit for a sum of Rs. 50,000 for a period of 20 years on 28th of March, 1993. He, however, died on 20th of July, 1994 i.e. within 16 months from the inception of the policy. His widow, the present petitioner/complainant, in her capacity as the nominee under the policy filed a claim for the payment of the insurance value. When the claim was not settled in time, a legal notice too was issued but was not responded to. This forced the petitioner/complainant to file a consumer complaint before the District Forum, who, as already stated, gave her the relief. On an appeal that wise filed by the respondents/Life Insurance Corporation of India alleging that the District Forum had ignored the fact that the deceased/Life Assured had suppressed the material facts, the State Commission relying on the evidence that was pointed out by the Counsel for the respondents/Life Insurance Corporation of India believed their version and set aside the order of the District Forum, resulting in the dismissal of the complaint.

(3.) DISSATISFIED and aggrieved on the order passed by the State Commission, the petitioner/complainant is before us in the revision petition.