Haryana

StateCommission

CC/191/2016

BALWINDER KAUR - Complainant(s)

Versus

INDUSIND BANK LTD. - Opp.Party(s)

RAVINDER BANGAR

27 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Complaint No.       191 of 2016

Date of Institution:  18.07.2016

Date of Decision:    27.03.2018

 

 

Balwinder Kaur, aged about 43 years wife of late Shri Ramesh Kumar son of Sube Singh, resident of House No.86-B, Village Bheriyan, Post Office Phoolgarh, Tehsil Pehowa, District Kurukshetra (Haryana).

 

…..Complainant

 

Versus

 

1.      IndusInd Bank, Ambala Road, Pehowa, Tehsil Pehowa, District Kurukshetra, through its Branch Manager.

 

2.      Religare Health Insurance Company Limited, D-3, District Centre, Saket, New Delhi-110017, through its Managing Director/Chairman/Incharge.

 

3.      Religare Health Insurance Company Limited, GYS Global, Plot No.A3, A4, A5, Sector 125, Noida (UP)-201301, through its Managing Director/Chairman/Incharge.

 

……Opposite Parties

 

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

                  

   

 

Present:     Shri Ravinder Banger, Advocate for complainant.

                   Shri P.M. Goel, Advocate for opposite parties No.2 and 3.

                   (Name of opposite party No.1 deleted from the array of opposite parties vide order dated 22.02.2017).

 

                            

O R D E R

 

R.K. BISHNOI, JUDICIAL MEMBER

 

          It is alleged by complainant that her husband Ramesh Kumar obtained insurance policy of Rs.50,00,000/- valid from 01.03.2015 to 29.02.2016. He died in a road accident on 24.08.2015 and FIR was registered to this effect. Claim was lodged with opposite party (in short ‘OP’) Nos.2 and 3 i.e. Religare Health Insurance Company Limited, but, the same was repudiated without any reasonable cause. So she be awarded compensation equal to sum insured of life insured alongwith compensation as prayed for.

2.      In reply it was alleged by OP No.1 that she concealed true facts from District Forum. She did not supply any document to it for awarding compensation and only premium was paid through it.

3.      It was alleged by OPs No.2 and 3 that during scrutiny it was found that her case was not genuine and Police also did not investigate the case properly. Actually as per income tax return her husband’s income was Rs.2 lacs per year, but, he obtained insurance policy claiming his income to be Rs.10 lacs per year. In this way he concealed the true facts and made wrong declaration.

3.      Both the parties have led their evidence.

4.      Arguments heard. File perused.

5.      Learned counsel for the complainant vehemently argued that as per FIR (Exhibit C-3) deceased life assured (DLA) died in an accident. This fact is also corroborated by post-mortem report (Exhibit C-4). Insurance policy was not obtained by any concealment, so, complainant is entitled for compensation as prayed for.

6.      This argument is of no avail. From the perusal of income tax return (Exhibit C-11) for the year 2013-14 it is clear that his gross total income was Rs.1,98,523/- and in income tax return for the year 2014-15 his gross total income was Rs.2,50,139/-. How his income increased to Rs.10 lacs, it is nowhere explained. It shows that DLA obtained insurance policy by concealing true income. It is well settled proposition of law that contract of insurance is governed by the principles of Ubemia Fiedies (Good Faith) and if insured has furnished wrong information then he is not entitled for the compensation. These views are also fortified by Hon’ble National Consumer Disputes Redressal Commission expressed in Life Insurance Corporation of India and others Versus Smt. Bhagya, I (2010) CPJ 25 (NC). As insurance policy was obtained by concealing true facts and complainant cannot ask for compensation. Resultantly complaint fails and same is hereby dismissed.

 

Announced 27.03.2018

(Urvashi Agnihotri) Member, Addl. Bench

(R.K. Bishnoi) Judicial Member, Addl. Bench

D.R.