Haryana

StateCommission

A/1288/2017

LIC OF INDIA AND OTHERS - Complainant(s)

Versus

JASBIR KAUR - Opp.Party(s)

S.S.SIDHU

23 Aug 2022

ORDER

                                        STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

  Date of Instituion:27.10.2017

                Date of final hearing:23.08.2022

                                                Date of pronouncement: 23.08.2022

 

                                      APPEAL No.1288 of 2017

 

Life Insurance Corporation of India, 489, Model Town, Karnal through its Division Manager, through authorized signatory, Divisional Office, LIC Building, Sector 17-B, Chandigarh.

 

                                                                                       .….Appellant

 

Versus

 

Smt. Jasbir Kaur wife of Rajinder Singh Dhuria (mother of Late Sh. Gurpinder Pal Singh Dhuria), resident of H.No.04, Behind Asha Ram Market, Model Town Karnal.

…..Respondent

CORAM:    Hon’ble Mr. Justice T.P.S. Mann, President. 

                   Mrs. Manjula, Member.

 

Present:-    Mr. S.S. Sidhu, Advocate for the appellant.

                  

O R D E R

Manjula, Member:

 

1.      The brief facts of the present case are that complainant’s son namely Gurpinder Pal Singh Dhuria (deceased-life assured) had obtained a policy with the opposite party commencing from 28.08.2014 and she was the nominee in the said policy. Further submitted that at the time of taking of the policy, her son was healthy and medical check-up of her son was also conducted by the doctors of opposite party. But suddenly her son felt ill on 13.06.2015 and died on 14.06.2015. Being nominee, she lodged the death claim with the opposite party, but the opposite party wrongly repudiated her claim, on the ground that at the time of purchase of policy, policy holder had given wrong information to the opposite party regarding his health.

2.      The complaint was resisted by the OP by filing its reply before the District Commission. It was submitted that the policy was issued to the deceased-life assured for a sum of Rs.5 lacs with the date of commencement i.e. 28.08.2014 and premium of Rs.9787/- was payable quarterly. Mother of the deceased was nominee under the abovesaid policy and the premium was received upto February-2015 by the opposite party. Further submitted that simple medical examination of deceased-life assured was conducted. It was wrong to say that the son of complainant was healthy rather the life assured was a known case of DCMP, diabetes, HTN, Hypothyroidism and Morbid Obesity and AICD implanted. As the deceased-life assured concealed the material information from the opposite party at time of taking of said policy, so the opposite party is not liable to pay any claim under the policy. Thus, there was no deficiency in service on its part and requested for dismissal of the complaint.  

3.      The District Commission, Karnal after taking into consideration the material available on record allowed the complainant vide order dated 06.09.2017, whereby it held as under:

                   “we allow the present complaint and direct the opposite party to pay Rs.5,00,000/- the insured amount to the complainant within 30 days from the receipt of copy of this order. We further direct the opposite party to pay Rs.5000/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. It is made clear if the abovesaid amount is not paid within stipulated period of 30 days then this amount will carry interest @8% per annum from the date of order till its realization.”

 

4.      Feeling aggrieved by the order of learned District Commission, Karnal, Opposite Party-appellant has preferred this appeal before the State Commission.

5.      The arguments have been advanced by Mr. S.S. Sidhu, Advocate for the appellant. With his kind assistance the entire appeal has been properly perused and the record examined.

6.       It is not disputed that the deceased-life assured had taken the policy with the date of commencement as 28.08.2014 and premium of the same was Rs.9787/- payable quarterly. It is also undisputed that the premium had been received upto February, 2015 and simple medical examination of the deceased-life assured had been conducted. It is also not disputed that the deceased-life assured was died on 14.06.2015. Being nominee, complainant lodged the claim but the OP repudiated the same on the ground that deceased-life assured had concealed the correct information regarding his health status because he was suffering from various diseases like DCMP, diabetes, HTN, Hypothyroidism and morbid obesity and AICD prior to taking the policy in question. But the opposite party has not placed on record any such document, which can prove that the deceased-life assured was suffering from abovesaid diseases and the same were diagnosed prior to issuance of policy in question. Moreover, it is also admitted by the opposite party that the medical examination of the deceased-life assured had been conducted by its own doctors prior to taking of the policy in question.  Learned counsel for the appellant has also referred to the judgments of Hon’ble Supreme Court of India and Hon’ble National Commission. The said judgments have no applicability to the facts and circumstances of the case in hand and are distinguishable. Hence, deficiency in service on the part of OP is clearly proved.

7.      The learned District Commission has rightly allowed the complaint of the complainant. The State Commission finds no reason or ground to interfere with the order of learned District Commission. Hence, the appeal being devoid of merits, stands dismissed.

8.      Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

9.      A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

10.    File be consigned to record room along with a copy of this order.              

 

 

                                                                   (T.P.S. Mann)

                                                                     President

 

 

 

                                                                                    (Manjula)

                                                                     Member

 

Pronounced On:  23.08.2022                                                                  

 

M.S.