KAVITHA Vs. RELIANCE LIFE INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 14.12.2011 passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 4584/2010 M/s. Reliance Life Insurance Co. Ltd. & Ors. Vs. Smt. Kavitha by which, while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.

(2.) Brief facts of the case are that complainant/Petitioner's husband deceased Mallikarjun Kante got his life assured for a sum of Rs.1,00,000/- from OP/respondent and policy commenced from 21.10.2008. Mallikarjun Kante died on 25.12.2008. Complainant/petitioner submitted claim before OP. OP vide letter dated 14.2.2009 sent cheque for a sum of Rs.579.20 and repudiated claim on the ground of suppression of material fact. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that deceased Mallikarjun Kante was diagnosed by 'Cirrhosis of liver', but suppressed this fact in his proposal form. Deceased was advised for admission in Prayavi Hospital, but he refused; so, claim was rightly repudiated and as there was no deficiency in service and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay assured amount of Rs.1,00,000/- along with Rs.5,000/- as cost. Appeal filed by OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.