BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 238 of 2021

Date of institution: 16.08.2021

                                Date of decision: 22.05.2024

Veena Passi widow of Opinder Kumar Passi son of Blade Krishan resident of H. No. 301 P Sector-4, Part-2, Kurukshetra, Haryana-136118.

                                                                                                                                                        …Complainant.

Versus

1.     HDFC Life Insurance Company Ltd. (Formerly HDFC Standard Life Insurance Company Ltd. ), 5^th Floor, IL&FS Financial Center, Plot No. C22, G Block Bandra, Kurla Complex, Bandra East, Mumbai-400051.

2.     HDFC Life Insurance Company Ltd. (Formerly HDFC Standard Life Insurance Company Ltd), Sector-17B, SCO No.66, 2^nd Floor, Sector-17, near LBP Petrol Pump,Kurukshetra-136118, through its Branch Manager.  

…Opposite parties.

CORAM:    DR. NEELIMA SHANGLA, PRESIDENT.

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

Present:   Shri Kuldeep  Singh, Advocate for the complainant.

                Shri Vikas Bakshi, Advocate for the OPs.

ORDER

               This is a complaint under Section 35 of the Consumer Protection Act.

3.             On notice, OPs No. 1 & 2 appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi; jurisdiction and concealment of true and material facts. On merits, Shri Opinder Kumar Passi son of Shri Baldev Singh DEceasedLife Insured (DLA) at the time of making the said proposals for the insurance policies vide proposal forms dt. 22.02.2019 and 10.08.2020 had misrepresented about his health i.e. the deceased Life Insured (DLA) was suffering from decease of Coronary Artery Decease (CAD)” prior to issuance of the policy and the suppression of this material facts at the time of filing and signing the proposal form based on which the said policy was issued amounts to suppression of true and material facts.  This very fact is very much evident from the medical records obtained by the OPs in which the DLA was diagnosed and suffering from deceased of CAD i.e. Coronary Artery Decease prior to the is issuance of the said policies.  This very fact clearly established that the DLA has suppressed and concealed the very factum of the suffering from chronic pre-existing decease at the time of issuance of the policy.  The allegations made in the complaint have been denied and prayed for dismissal of the complaint.        

4.             The learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A  and documents EX. C1 to Ex. C9 and closed the evidence on 26.12.2022 by suffering separate statement.

5.             The Ops have failed to lead their evidence after availing several opportunities including last opportunity, and therefore, the evidence of the OPs had been clsoed by Court Order on dated 29.09.2023.

6.             We have heard the learned counsel for the parties and have gone through the record available on the file carefully.

11.           In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 22.05.2024

                                                       (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

(Neelam)                (Ramesh Kumar)

Member                   Member