AXIS BANK LTD. Vs. MEENAKSHI DAHIYA

JUDGEMENT

(1.) These two appeals have been filed against the order dated 22.03.2016 passed by the Delhi State Consumer Disputes Redressal, Commission (in short 'the State Commission') in Complaint no.247 of 2010. The First appeal No 792 of 2016 has been filed by the original complainant and the First Appeal no. 1073 of 2017 has been filed by the opposite party No.1 in the original complaint.

(2.) Briefs facts of the case are that the complainant Meenakshi Dahiya applied for an insurance policy namely Met Suvidha with annualised single premium of Rs.98,982/- and the validity of the policy was for 15 years from 22nd October 2008 till 21st October 2023. The sum assured was Rs.7,44,000/-. The complainant submitted a demand draft for Rs.99,000/- dated 14.10.2008 to the opposite party no.2 the insurance company drawn on OP no.1 Bank. OP no.2 submitted the demand draft for collection, however, the same was lost during transit at the end of the opposite party no.1 and, therefore, the premium could not be collected by OP no.2. It is the case of the complainant that when she went to deposit the 2nd premium next year, she was informed that the policy has been cancelled and she could not deposit the second premium. The case of the OP no.1 is that OP no.1 requested the complainant to submit an indemnity bond so that duplicate demand draft could be issued, however, the same was not submitted by the complainant. It is the case of the OP No.2 insurance company that they informed the complainant on phone that she has to submit the draft again otherwise the policy will be cancelled, however, no draft was submitted by the complainant and therefore, the policy was cancelled. Aggrieved by the acts of the OPs, the complainant filed a consumer complaint Nos.247 of 2010 before the State Commission claiming compensation of about Rs.46 lakh. The complaint was resisted by both the OPs by filing separate written statements. They reiterated their stand as stated in the brief facts above. The State Commission however, allowed the complaint and ordered that OP no.1 should pay Rs.99,000/- along with interest @ 10% per annum from the date of demand draft till actual payment. The State Commission also ordered that a compensation of Rs.50,000/- be paid to the complainant by the OP no.1- Bank.

(3.) Aggrieved by the order of the State Commission dated 22.03.2016, the complainant has filed first appeal no.792 of 2016 and the OP no.1- the Bank has also filed first appeal no.1073 of 2017 before this Commission.