Haryana

Kurukshetra

CC/112/2021

Santosh W/o Phool Kumar - Complainant(s)

Versus

SBI Life Insurance - Opp.Party(s)

N.R.Gupta

29 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 112 of 2021

Date of institution: 06.04.2021

                                Date of decision: 29.04.2024

 

Santosh(aged about 50 years) widow of Shri Phool Kumar, resident of G-71, NIT Campus, Kurukshetra, Tehsil Thanesar, District Kurukshetra.

                                                                                                                                                        …Complainant.

Versus

1.     SBI Life Insurance Company Ltd. Central Processing Centre, 8^th Level, Seawoods Grand Central Tower 2,Plot No.R-1, Sector-40, Seawoods, Nerul Node Navi Mumbai-400706 through its authorized person.

2.     SBI Life Insurance Company Ltd., RPC Chandigarh, Plot No.144, Ist Floor, Industrial Area, Phase-2, Chandigarh 160017 through its Branch Manager.

3.     State Bank of India, Branch NIT Campus, Kurukshetra through its Branch Manager.

…Opposite parties.

 

CORAM:    DR. NEELIMA SHANGLA, PRESIDENT.

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

Present:   Shri Ankit Gupta, Advocate for the complainant.

                Shri Arvind Kumar, Advocate for the OPs No. 1 & 2.

                Shri Ajay Saini, Advocate for the OP No.3.

ORDER

 

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

2.  

2.             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, Life Insurance Contract is a contract of UTMOST GOOD FAITH” wherein in the proponent is duty bound to disclose everything concerning his/her health, habits and other related matters which are within his/her knowledge at the time of making the proposal, failing which the Insurer has every right to repudiate the claim.  The OPs further contended that at the time of taking the policy, the deceased/insurer Phool Singh had deliberately concealed his medical history by saying that his health was fine and he was not suffering from any serious illness. However, the complainant had been suffering from Diabetes Mellitus, Ischemic Heart Disease, Coronary Artery Disease and Psychiatric problems and had been taking treatment for the said disease. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             OP No.3 filed in 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, it is submitted that deceased Phool Kumar had obtained loan from the OP No.3 i.e. State Bank of India, Branch NIT Campus, Kurukshetra for an amount of Rs.3,50,000/- vide loan account No.38476655830 and the said loan got insured from the OPs No. 1 & 2. OP No.3 further contended that OPs No. 2 & 3 are duty bound to pay the claim amount of the complainant, however, they repudiate the said claim by saying that deceased Phool Kumar had concealed about his disease. Thereafter, they requested the complainant to repay their loan and the complainant assured to the OP No.3 that she would repay the said loan amount on receipt of service benefits of her husband Phool Kumar. Thereafter, she repay the amount of Rs.3,49,265/- from her own pocket and Rs.21,000/- were also deposited in the said loan account.  The OP No.3 further contended that he has no role of OP No.3 to mislead any kind of complainant and she has filed the complainant against the Op No.3 is false and frivolous and the same has to be dismissed. .             

4.             The learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A  and documents EX. C1 to Ex. C23 and closed the evidence on 29.09.2022 by suffering separate statement.

5.             The learned counsel for the OPs   No. 1 & 2 has tendered into evidence affidavit Ex. RW1/A and documents EX. R1 and Ex. R7 and closed the evidence on 19.05.2023 by suffering separate statement, while the learned counsel for the OP No.3 has tendered his evidence documents Ex. R-8 to Ex. R-10 by making separate statement and closed the evidence on 06.12.2023.

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

7.  
8.  

“Since due to concealment of facts of serious heart disease sustained by Insured Phool Kumar, SBI Life Insurance Policy is rightly repudiated for which reliance of authority laid down in case Hon’ble National Commission in RP No.434/2017 titled as Shri Ram Life Insurance Co. Ltd. & Anr. Vs. K. Viraja wherein the Hon’ble National Commission relief upon the Judgment passed by the Hon’ble Supreme Court in Reliance Life Insurance Co. Ltd. & Anr. Vs. RekhabenNareshBhai Rathod-Civil Appeal No.4261 of 2019. Hon’ble National Commission in RP No. 2519/2017 titled as Shri Ram Life Insurance Co. Ltd. Vs. E. Bhagyamma wherein the Hon’ble National Commission has relied on the Judgment of Satwant Kaur Sandhu and passed the order in favour of the Insurance Company.

Hon’ble National Commission in RP No.1371/2019 titled as SBI Life Insurance Co. Ltd.

Vs. Lakshmi wherein the Hon’ble National Commission has held that it would thus be seen that the insured made a misrepresentation to the insurer on a material fact which influenced the decision of the insurer on the question of accepting the proposal for grant of the Insurance. The insurer therefore, was entitled to repudiate the claim on this  ground”.

 

9.             In view of the aforesaid discussion, there is no merit in the complaint. Hence, the compliant is dismissed with no order as to costs. 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 29.04.2024

                                                       (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

 

(Neelam)                (Ramesh Kumar)

Member                   Member