Shri Madhavrao Sadashiv Aher Vs. Icici Prudential Life Insurance Co. Ltd., Through Its Branch Manager, Nashik - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111319
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnJul-13-2009
Case NumberFirst Appeal No.1282 of 2008 (Consumer Complaint No.08 of 2008
JudgeMr. S.R. Khanzode, Hon’ble Presiding Judicial Member. Smt. S.P. Lale, Hon’ble Member.
AppellantShri Madhavrao Sadashiv Aher
Respondenticici Prudential Life Insurance Co. Ltd., Through Its Branch Manager, Nashik
Advocates:Adv. Shri Prashant Patil for the Appellant.
Excerpt:
oral order:- per mr. s.r. khanzode, honble presiding judicial member: this appeal arises out of order/award dated 29/08/2008 passed in consumer complaint no.08/2008, mr.madhavrao s.aaher v/s. icici prudential life insurance co. ltd. district forum , nashik (forum below in short). appellant had taken insurance policy from respondent/opp.party and paid first premium of rs.12,500/- through cheque no.010972 dated 22/03/2006 subject to realisation. the insurance cover was to be effective only on encashment of the cheque and thus, receiving amount of the first premium. it is the case of the complainant that he came to know about non-realization of the cheque, when second premium was due and had made inquiry with the respondent. the respondent also informed in writing about the dishonor of the said cheque and non receipt of the first premium accordingly to the complainant by its letter dated 03/09/2007. it is the contention of the complainant that when he made inquiry with his banker, he was informed that the said cheques was honored and payment was made to h.d.f.c. bank accordingly. a consumer complaint was accordingly filed on 10/01/2008 inter-alia claiming relief of insurance under the policy, payment of the same assured or refund of the first premium amount. the complaint stood dismissed and feeling aggrieved thereby, this appeal is preferred by the original complainant. we heard adv.shri prashant patil for the appellant and shri nitin sonawane-clerk of adv.ms.suvarna joshi for the respondent. respondent and its layer are absent. in respect of a clear-cut case made out by the appellant/org.opp.party about non payment of first premium, since the cheque issued towards the same was dishonored and also when it categorically denied the fact that such cheque was honored and payment was made through h.d.f.c. bank. the complainant failed to substantiate his claim that the first premium was actually received by the insurance company/opposite party. no evidence at all adduced on behalf of the complainant much less to repudiate the evidence adduced on behalf of opposite party/insurance company in form of affidavit supported by the documents of its official/ms. preeti nahar. the policy as per his term rendered ineffective for non encashment of first premium deposit. under the circumstance, the forum below rightly held that the complainant failed to establish his actionable claim under consumer protection act, 1986. thus, finding the appeal devoid of any substance, we pass the following order:- order: 1. appeal stands dismissed. 2. no order as to costs. 3. copies of the order herein be furnished to the parties.
Judgment:

Oral Order:-

Per Mr. S.R. Khanzode, Honble Presiding Judicial Member:

This appeal arises out of order/award dated 29/08/2008 passed in consumer complaint no.08/2008, Mr.Madhavrao S.Aaher V/s. ICICI Prudential Life Insurance Co. Ltd. District Forum , Nashik (Forum below in short).

Appellant had taken insurance policy from respondent/opp.party and paid first premium of Rs.12,500/- through cheque no.010972 dated 22/03/2006 subject to realisation. The insurance cover was to be effective only on encashment of the cheque and thus, receiving amount of the first premium. It is the case of the complainant that he came to know about non-realization of the cheque, when second premium was due and had made inquiry with the respondent. The respondent also informed in writing about the dishonor of the said cheque and non receipt of the first premium accordingly to the complainant by its letter dated 03/09/2007. It is the contention of the complainant that when he made inquiry with his banker, he was informed that the said cheques was honored and payment was made to H.D.F.C. bank accordingly. A consumer complaint was accordingly filed on 10/01/2008 inter-alia claiming relief of insurance under the policy, payment of the same assured or refund of the first premium amount. The complaint stood dismissed and feeling aggrieved thereby, this appeal is preferred by the original complainant.

We heard Adv.Shri Prashant Patil for the appellant and Shri Nitin Sonawane-Clerk of Adv.Ms.Suvarna Joshi for the respondent. Respondent and its Layer are absent.

In respect of a clear-cut case made out by the appellant/org.opp.party about non payment of first premium, since the cheque issued towards the same was dishonored and also when it categorically denied the fact that such cheque was honored and payment was made through H.D.F.C. bank. The complainant failed to substantiate his claim that the first premium was actually received by the insurance company/opposite party. No evidence at all adduced on behalf of the complainant much less to repudiate the evidence adduced on behalf of opposite party/insurance company in form of affidavit supported by the documents of its official/Ms. Preeti Nahar. The policy as per his term rendered ineffective for non encashment of first premium deposit. Under the circumstance, the Forum below rightly held that the complainant failed to establish his actionable claim under Consumer Protection Act, 1986. Thus, finding the appeal devoid of any substance, we pass the following order:-

Order:

1. Appeal stands dismissed.

2. No order as to costs.

3. Copies of the order herein be furnished to the parties.