V.V. SATYANARAYANA RAJU Vs. LIC OF INDIA

JUDGEMENT

(1.) COMPLAINANT /Appellant has filed this Appeal against the order and judgment dated 29.12.04 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh (in short, 'the State Commission') in Complaint Case No. 97/2002 whereby the State Commission has dismissed the complaint filed by him. FACTS: -

(2.) COMPLAINANT /Appellant's father took an Endowment Assurance Policy with profits and accident benefit bearing No.801162196 from the Respondents for a sum of Rs. 10,00,000/ - commencing from 20.02.01. The maturity date of the policy was 20.02.21. His father died due to heart attack within three months of the commencement of the policy on 06.05.2001. Appellant submitted the claim with the Respondents. Since the claim was not settled for a long time, Appellant wrote registered letters on 1.4.02 and 5.6.02 to the Respondent requesting them to settle the claim and pay the policy amount. Ultimately, vide letter dated 14.06.02, Respondent repudiated the claim of the Appellant on the grounds that he had disclaimed the claim and it was discovered after investigation that there was suppression of the material fact with regard to the age and health of the insured. Complainant's father at the time of taking the policy had falsely declared his age as 45 years while he was 59 years old.

(3.) RESPONDENT , on being served, entered appearance and filed its written statement contesting the complaint, inter -alia, on the grounds that there was suppression of the material facts as1 the insured had falsely declared his age as 45 years in the proposal form whereas he was 60 years at the time of issuance of the policy, To prove his age he had submitted a school certificate bearing admission No.962/1960 -66 dated 27.09.61 showing his year of birth as 1956. .That since the insured declared his age as 45 years, Respondent did not ask for the special medical reports which are mandatory requirements -for person of the age of 60 years or more. Policy was issued to the insured in good faith. That during the enquiry after the death of the insured, it was revealed by the school authorities that admission no.962/1961 -66 dated 27.9.61 .did not pertain to the insured. As per the. school record, there was no admission on 27.9.61. It was further pleaded that the claim form was sent to the Appellant on 25.8.01 and the same was received back along with notarized disclaimer dated 5.9.01 from the Appellant stating that he relinquishes his claim in respect of the policy in question as the same had been obtained by suppressing material facts regarding the health of the deceased. That since the Appellant had relinquished his claim there was no deficiency in service in repudiating the claim by the Respondent.