(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)

(1)               Heard.  In the instant case, only point is arisen out of order dated 25/04/2011 in Consumer Complaint No.483/2008 – Shri Baldevkrishan Sharma Vs. The New India Insurance Company – passed by Consumer Disputes Redressal Forum, Mumbai Suburban District (Forum in short).  It is a case of deficiency in service on the part of Insurance Company which repudiated medical claim of the respondent/original complaint on the ground of breach of good faith on the part of appellant as he deliberately suppressed his illness at the time of taking the insurance policy.  The forum below upheld the case of insurance company.  Feeling aggrieved thereby, the complainant preferred this appeal. 

(2)               We asked the learned counsel for the appellant/complainant as to what is his answer to the ground of repudiation of the claim particularly in the background of the information disclosed by the complainant while filing the proposal form.  He did not dispute the same but as orally submitted, said form was filled-in by the agent and the complainant only signed the same.  We are afraid such contention is absence of any material, cannot be accepted.  Furthermore, once the complainant signed the proposal form, he is responsible for the same.  Thus, we find no reason to take a different view than what is taken by the forum.  We find the appeal is devoid of any substance and holding accordingly, the following order is passed:

ORDER

(1)     Appeal stands dismissed in limine.

(2)     No order as to costs.   

Pronounced on 22^nd June, 2011.