ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                               JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to pay a sum of Rs.1,25,000/- (Policy value), and pay a sum of Rs.50,000/- towards mental agony and also pay Rs.25,000/- toward s litigation charges”.

            The brief fact of the case is that the complainant is the father guardian of Omkar Amrutanshu Jena and husband of deceased life insured Pratima Jena. During her life time, Pratima Jena had initiated a policy bearing No.588558177 (165-18) from the opposite parties under the table 15-18 on 25.4.2009 for a period up to 25.4.2027 for the sum assured of Rs.1,25,000/- in which her minor son Omkar Amrutanshu Jena is the nominee. The monthly premium of the policy was Rs.1,531/- and the mode of payment of premium was quarterly and the wife of complainant had deposited premiums up to July, 2009. Due to unavoidable circumstances the policy holder could not pay some of the premiums in time for which, she was defaulter in payment of quarterly premiums and the policy is in lapsed condition. The relatives and husband of the policy holder arranged money and deposited the same before the opposite parties as per the rules and norms of the Insurance Act on 12.02.2013 to alive the policy. When the matter stood thus, unfortunately the policy holder died on 05.5.2014 after revival of the policy. The nominee of the deceased policy holder claimed death benefit of the deceased life insured but instead of settlement of death claim, the opposite parties repudiated his claim on the ground that the deceased policy holder died on 05.5.2014 due to lungs cancer one year after the revival of the policy and that 3 years has not elapsed from the date of revival of the policy and as such the opposite party has got right and liberty to repudiate the death claim of the deceased policy holder.

            The opposite parties have filed their written version stating as under;

            It is false to say that the nominee of the deceased policy holder claimed death benefit of the deceased life insured but instead of settlement of death claim, the opposite parties repudiated his claim on the ground that the deceased policy holder died on 05.5.2014 due to lungs cancer. In fact the policy of insured Pratima Jena was lapsed due to non-payment of premium in time and was remained so for a long time but subsequently submitted a revival form No.680 dt.12.02.2013 declaring that she is not ill nor suffering from any disease requiring treatment either for a week or more and the corporation on good faith honestly believing the information of the said insured as true accepted the revival form and activated the policy. But subsequently it is brought to notice of the corporation that the insured was suffering from lungs cancer and was undergoing treatment of AIIMS vide OPD Regd. No.0052427 and Oncology report dt.26.12.2011 of Panda Curie Cancer Hospital prior to 12.02.2013, the date of submission of revival form proves the insured and the present petitioner have intentionally, willfully and dishonestly by suppressing the material and true information knowingly gave false information fraudulently to the corporation. The corporation considering all the points after due enquiry from the complainant who was unable to give any answer to the aforesaid suppression of the above material facts and thereby the corporation has rightly repudiated her claim. The insured Pratima Jena was a policy holder under LIC of India bearing policy No.588558177 sum of assured Rs.1,25,000/- on 15.4.2009 and was paying the premium but by discontinuing from making the payment, her policy was lapsed and on 12.02.2013 she filed the revival form giving negative declaration to the questions: “Have you suffered from any illness/disease requiring treatment for a week or more? Did you have a ECG, X-Ray, Screening, Blood, Urine and Stool examination? Are you at present in sound health?” on such information the corporation accepted the revival form and reactivated the policy on good faith and the policy holder made the payment was for a period of one year two months. But such information being false and suppressing material facts and not in clean hands does not deserve any equity and rightly the corporation repudiated her claim.

            Undisputed fact is that policy commenced on 25.4.2009 and after payment of two quarterly premiums it was discontinued and revised on 29.12.2011 by paying premium of Rs.16,950/- including late fee/fine etc. and policy was revived. Thereafter premium was paid from time to time and during currency of the policy No.588558177 the life assured expired on 05.5.2014 and diagnosed on 26.12.2011 in Oncology Department of AIIMS OPD Regd. No.00052427 as revealed from repudiation letter dt.16.10.2017. In para 5 of the said letter the opposite parties have also decided to refund the entire premium paid including revival amount towards full and final settlement. Thus we found no latches and deficiency of any service on the part of opposite parties. Hence the consumer complaint is dismissed. No cost.