Delay of 90 days in filing the appeal is condoned.

Complainant/appellant obtained a mediclaim insurance policy bearing No.OG-11-1201-6302-00000001 from the respondent insurance company on 03.02.2011 for the period commencing from 04.02.2011 to 03.07.2011.  Appellant left for Canada on 03.02.2011 and reached there on 04.02.2011.  On 05.06.2011, appellant felt some problem and was taken to the Emergency Department of Brampton Civil Hospital (Toronto) i.e. William Osler Health Centre, 2100 Bovaird Drive East, Brampton, on L6R 3J7 for treatment.  Appellant was treated for heart disease and advised by-pass surgery which was performed on 10.06.2011.  Appellant remained in the hospital from 10.06.2011 to 15.06.2011 as indoor patient.  Appellant submitted his claim with the respondent insurance company which was repudiated on the ground that there was past medical history which the appellant failed to disclose while taking the policy.  Appellant being aggrieved filed the complaint before the State Commission.

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State Commission, without issuing any notice to the respondent and permitting the appellant to lead evidence in support of his claim, has dismissed the complaint.

            Counsel for the appellant contends that the finding recorded by the State Commission that the appellant was guilty of suppression of material facts based on the letter of repudiation cannot be sustained; that the appellant has been deprived of due opportunity to prove his case.  We find substance in this submission.  Admittedly, the State Commission without issuing any notice to the respondent has dismissed the complaint relying upon the contents of the letter of repudiation.  Order passed by the State Commission is in violation of principles of natural justice.  In fairness the appellant should have been given an opportunity to prove his case.  Since the State Commission has passed the order in violation of principles of natural justice, the same is set aside and the case is remitted back to the State Commission to decide it on merits in accordance with law. 

            Appeal stands allowed in above terms.

            Parties through their counsel are directed to appear before the State Commission on 10.07.2013.

            Since it is an old case we would request the State Commission to dispose of the complaint as expeditiously as possible.

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            Nothing stated herein be taken as an expression of opinion.

            All contentions are left OPEN.