NCDRC

NCDRC

RP/2084/2010

VISHWANATH NAYAK G - Complainant(s)

Versus

LIC OF INDIA & ORS. - Opp.Party(s)

MR. B. SUBRAHMANYA PRASAD

08 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2084 OF 2010
(Against the Order dated 27/08/2009 in Appeal No. 607/2005 of the State Commission Kerala)
1. VISHWANATH NAYAK GR/o. Kurodi House, P.O. Maire, PerlaKasargorKerala ...........Petitioner(s)
Versus
1. LIC OF INDIA & ORS.The Branch Manager, LIC of India, Kanhangad Branch Office, P.O. HosdurgKasargodKerala2. THE DIVISIONAL MANAGER, LIC OF INDIADivisional Office, P.B. No. 177Kozhikode - 673001Kerala3. THE ZONAL MANAGER, LIC OF INDIASouth Zonal Office, LIC Building, AnnasalaiChennai - 600002Tamil Nadu ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MR. B. SUBRAHMANYA PRASAD
For the Respondent :NEMO

Dated : 08 Sep 2010
ORDER

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          This Revision Petition has been filed along with application for condonation of delay to condone the delay of 106 days in filing the Revision Petition, which is over and above the period of 90 days statutorily given to file the Revision Petition.  Under the Consumer Protection Act, the consumer fora are required to decide the cases in summary manner within a time frame, i.e., within 90 days from the date of filing, in case, no expert evidence is required to be taken, and, within 150 days, wherever expert evidence is required to be taken.  Delay of 106 days cannot be condoned without sufficient cause being shown.  Counsel for the petitioner has filed his personal affidavit seeking condonation of delay.  As per averments made in the affidavit, petitioner had handed over the papers to the deponent for filing the Revision Petition but he could not file the Revision Petition in time as he had gone to Bangalore for kidney replacement. 

          For the reasons stated in the application, the delay is condoned.

          Complainant/petitioner’s wife took a policy for a sum of Rs.50,000/- on 27.2.2003, which came into force with effect from 15.2.2003.  She died on 23.5.2003.  Petitioner lodged claim with the respondent insurance company, which repudiated the same on the ground of suppression of information regarding health.  Aggrieved by this, petitioner filed a complaint before the District Forum, which was allowed.  On an appeal filed by the respondent, State Commission has reversed the order passed by the District Forum and dismissed the complaint.

          We agree with the view taken by the State Commission.  Petitioner’s wife died within 4 months of the taking of the policy.  She was suffering from Congenital Heart Disease since 1996, which she failed to disclose while filling the proposal form.  She also withheld the fact of incomplete abortion and hospitalization for 2 days.  It was a clear case of suppression of facts.

          No case for interference is made out.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER