Complainant/petitioner obtained a mediclaim policy from the respondent/opposite party and deposited Rs.7,150/- towards the first premium on 14.02.2008.  Policy commenced from 22.02.2008.  On 22.02.2008 itself petitioner developed heart problem and underwent Coronary Artery Bypass Graft on 25.02.2008.  Petitioner lodged an advance claim with the respondent which was repudiated on the ground that the ailment was pre-existing; that as per clause 6 B and C of the policy the claim was inadmissible.  Aggrieved by this, petitioner filed the complaint before the District Forum.

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District Forum dismissed the complaint holding that the ailment was pre-existing and the petitioner herein had not disclosed the fact regarding the ailment from which he was suffering at the time of taking of the policy.

          Petitioner being aggrieved filed the appeal before the State Commission.

State Commission without noticing the submissions made either by the petitioner or the respondent dismissed the appeal by simply endorsing the view taken by the District Forum.  State Commission being the court of first appeal was the court of facts as well as law.  State Commission should have passed a speaking order and recorded reasons in support of conclusion arrived at.  Order of the State Commission is non-speaking.  Since the order of the State Commission is non-speaking, the same is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

          Parties through their counsel are directed to appear before the State Commission on 04.07.2012.

          Since it is an old case we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within

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a period of six months from the date of appearance.