NCDRC

NCDRC

RP/195-196/2009

SURENDER SINGH - Complainant(s)

Versus

SINDER SINGH & ORS. - Opp.Party(s)

MR. ATUL KUMAR

06 Aug 2009

ORDER

Date of Filing: 27 Jan 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/195-196/2009
(Against the Order dated 18/09/2008 in Appeal No. 2321-2407/2007 of the State Commission Haryana)
1. SURENDER SINGHS/o. Saroop Singh R/o. Anmerica USA ...........Appellant(s)

Vs.
1. SINDER SINGH & ORS.S/o. Shri Amar Singh R/o. Village Rampura Pehowa Kurukshetra Haryana 2. LIC OF INDIA Branch Pehowa Through Its Manager Kurukshetra Haryana 3. ZONAL MANAGER LIC OD INDIA Jeewan Bharti Connaught Circus New Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. ATUL KUMAR
For the Respondent :NEMO

Dated : 06 Aug 2009
ORDER

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          Petitioner/complainant’s father had obtained an insurance policy from the LIC for a sum of Rs.5 lakh.  He died during the currency of the policy.  Claim preferred by the petitioner was repudiated on the ground that the deceased had taken another policy of Rs.3 lakh, which fact was not disclosed by the insured to the insurance company.  Being aggrieved, the petitioner filed a complaint before the District Forum.

          District Forum allowed the complaint on the ground that the proposal form had been filled up by the agent and the deceased would not be knowing the contents or the statements made in the proposal form.  Against the order of the District Forum, appeal filed by the respondent insurance company was accepted.  State Commission came to the conclusion that the deceased was guilty of suppression of facts and had the insured disclosed the fact regarding the earlier policy, then he would have been subjected to CBC, ESR, SBT-12 & RUA tests, which the insurance company could not do.  That the suppression was of a material fact, which was within the knowledge of the insured.

          We agree with the view taken by the State Commission.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER