BIRLA SUN LIFE INSURANCE CO. LTD Vs. ASHA

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 12.11.2007 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. A-07/609 The Chairman, Birla Sun Life Insurance Co. Ltd. & Anr. Vs. Smt. Asha by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent's husband Balram obtained life insurance policy from OP/petitioner on 18.12.2002 for a sum of Rs.1,00,000/-. Insured died on 11.2.2005 due to Hypertension and Diabetes. Complainant submitted claim to the OP which was repudiated on false and frivolous grounds. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OPs resisted complaint and submitted that insured suppressed material facts in respect of his health and in such circumstances, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay all the benefits under the policy with 9% p.a. interest and further granted compensation of Rs. 4,000/- and Rs. 2,000/- as cost of litigation. Appeal filed by the OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for the respondent even after service and she was proceeded ex-parte.