NCDRC

NCDRC

RP/3981/2009

LIFE INSURANCE CORPORATION OF INDIA &ANR - Complainant(s)

Versus

SMT.RADHA DEVI - Opp.Party(s)

MR. MOHINDER SINGH

01 Apr 2010

ORDER

Date of Filing: 27 Oct 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3981/2009
(Against the Order dated 17/07/2009 in Appeal No. 501/2007 of the State Commission Rajasthan)
1. LIFE INSURANCE CORPORATION OF INDIA &ANRBoth through Mr. K.L. Virmani, Assistant Secretarty, L.I.C. of India, Central Office(Legal Cell) aaaH- 39, Connaught Place New Delhi -110001 ...........Appellant(s)

Vs.
1. SMT.RADHA DEVIW/o Shri Nazir Katth, Village & P.O. Bidhhur VIA Rajgarh, District - Ajmer Rajasthan ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 01 Apr 2010
ORDER

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Challenge in this revision by the opposite party-LIC is to the order dated 17.7.2009 of Consumer Disputes Redressal Commission Rajasthan, Jaipur partly allowing appeal against the order dated 19.1.2007 of a District Forum shifting the date of payment of interest from making of the claim to the date of filing of complaint. The District Forum had allowed the complaint filed by respondent/ complainant with direction to the petitioner – LIC to pay Rs. 3.00 lakhs with interest @ 12% p.a. from the date of claim. It is admitted case of parties that Nazir-husband of the respondent had purchased a policy of Rs. 3.00 lakhs on 28.8.2003 from the LIC. He died in Jawaharlal Nehru Hospital, Ajmer on 17.1.2004. Claim made under the policy was repudiated by petitioner-LIC vide letter dated 21.5.2005. Respondent filed complaint which was allowed by the District Forum. To be only noted that defence raised by the LIC was that Nazir was suffering from tuberculosis even before purchase of the policy which material fact was suppressed by him in the proposal form submitted for purchase of the policy. LIC, however, did not lead any evidence of Nazir having been treated for tuberculosis prior to admission in the said hospital in January, 2004. In this backdrop, having heard parties counsel, we are not inclined to interfere with the said order of District Forum as modified by the State Commission in revisional jurisdiction under Section 21(b) of the Consumer Protection Act, 1986. Revision is, therefore, dismissed. No order as to cost.


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER