KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO. 245/2010

   JUDGMENT DATED:04-07-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

SBI Life Insurance Co. Ltd.,

State Bank Bhavan, Corporate Centre,             : APPELLANT

Mumbai.

(By Adv:Sri.Alex George)

          Vs.

1.      Reeja George,

Podimattathil House,

Thellakam.P.O, Kottayam.

2.      Rosamma George,

Podimattathil House,                                 : RESPONDENTS

Thellakam.P.O, Kottayam.

3.      The Branch Manager,

State Bank of Travancore,

Ammencherry Branch,

Kottayam.

(By Adv:Sri.R.S.Kalkura)

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellant is the 1^st opposite party/SBI Life insurance Company Ltd in CC.70/08 in the file of CDRF, Kottayam.  The appellant is under orders to pay the assured sum of Rs.3.lakhs and Rs.5000/- as compensation, with 9% interest if the amount is not paid within 30 days.

 2.     The case of the complainant who are the wife and daughter of the deceased is that the assured died on 23/5/2006 and that the claim was repudiated.

3.      It is the contention of the opposite parties that the deceased was a chronic alcoholic and the above fact was suppressed in the proposal.

4.      The evidence adduced consisted of Exts.A1 to A3 documents and proof affidavit filed by the respective sides.

5.      Before this commission, the opposite parties have produced a number of documents including the proposal and treatment records.  The policy coverage was from 22/11/2005.  The deceased died on 23/5/2006. There is no proper reasons as to why the appellants/opposite parties have not produced the above documents before the Forum.  The opposite parties had appeared before the Forum on 28/4/2008.  There is no sufficient reason as to why the above documents were not produced before the Forum.  In the circumstances and in view of the fact that the relevant factors could not be considered by the Forum the order of the Forum is set aside on condition that the 1^st opposite party/appellant pay a sum of Rs.25,000/- towards cost to the complainants.  On payment of cost, the Forum shall permit the opposite parties to contest the matter and dispose of the case on merits.  The case stands posted before the Forum on 24/8/2011.  The Forum will issue notice to the complainant.

Forward a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.