SUDESH KUMARI Vs. BAJAJ ALLIANZ LIFE INS. CO.

JUDGEMENT

(1.) This Revision Petition has been filed by the Complainant Sudesh Kumari under Sec. 21 of the Consumer Protection Act, 1986 against the impugned Order dtd. 2/8/2012 passed by the State Consumer Disputes Redressal Commission, Haryana in F.A. No. 435 of 2012, vide which the Appeal filed by the Respondents was allowed, the Order of the District Forum was set-aside, and the Complaint was dismissed.

(2.) The factual background, in brief, is that the Complainant's husband Late Gulbhar Singh had obtained a Life Insurance Policy No. 117099001 dtd. 10/1/2009 from the Respondents. He unfortunately passed away on 17/2/2009. The Complainant being the nominee in the Policy filed her claim for the Insurance amount but the claim was rejected by the Respondents vide the letter dtd. 7/5/2009, on the ground that there was concealment of facts with respect to his state of health, that he was suffering from Chronic Obstructive Pulmonary Disease, HPTN and Sleep Apnea for the last two years, and this was not mentioned at the time of filling the Proposal Form. Aggrieved by the wrongful rejection of claim, she filed her Complaint before the District Forum, Karnal.

(3.) The District Forum vide its Order dtd. 11/1/2012 allowed the Complaint and directed the Respondents to pay the Policy amount of Rs.5,60,000.00 @9% p.a. from the date of repudiation till its realization and Rs.10,000.00 for mental harassment. The Respondents filed an Appeal before the State Commission which, vide the impugned Order dtd. 2/8/2012 allowed the Appeal, set-aside the Order of the District Forum and dismissed the Complaint. The relevant extracts of the impugned Order are set out as below '