SULOCHANA DEVI Vs. LIC OF INDIA AND ORS.

JUDGEMENT

(1.) CHALLENGE in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), against LIC of India and Ors., is to order dated 21.08.2009 passed by State Consumer Disputes Redressal Commission, Jharkhand, Ranchi in First Appeal No. 182 of 2006. By its impugned order, the State Commission has allowed the Appeal filed by the Insurance Company and set aside the order of the District Consumer Disputes Redressal Forum, Lohardagga, Jharkhand.

(2.) THE brief facts as set out in the complaint are that the Complainant's husband, late Shri Arun Kumar Gopilal Poddar had taken Jeewan Shree Policy in Mumbai, on 10.5.1999, covering the period from 15.12.1998 to 15.12.2023, for an assured sum of 10,00,000/ -. The life insured had submitted his proposal in Mumbai on 20.11.1998 and the same was cleared by the panel of doctors on 8.1.1999. In March 2000, the insured requested for transfer of the Policy from Mumbai to Gumla Branch of the Insurance Corporation. While so, on 5.6.2001 the insured suddenly died at Sadar Hospital, Lohardaga. The doctor had conducted the post mortem examination and sent the viscera for chemical analysis to ascertain the cause of death. On 19.6.2001, when the Complainant made a claim, the Respondent -Insurance Company repudiated the claim vide their letter dated 30.3.2002 on the ground that the insured suppressed material facts by filling up columns 7 and 8(a) of the proposal form incorrectly. The Complainant filed a representation on 1.6.2002 before the Executive Director, (Marketing) LIC of India, Central Office, Mumbai, but this was also rejected vide their letter dated 25.11.2002. Hence, the complaint seeking direction to the Opposite Party to pay the assured amount with interest, compensation and costs.

(3.) THE Opposite Party -Insurance Company filed their written version stating that the Complainant's husband had made an application/proposal bearing No. 247155 E in the year 1996 for a sum assured of 2,00,000/ - at Gumla Branch of Life Insurance Corporation of India and deposited a sum of 4,012/ - on 18.6.1996 for consideration of his proposal. However, considering his past medical history, the Central Office of the Corporation decided to defer the acceptance of the proposal for a period of six months with the condition not to give table 94 which has been applied for and the same was conveyed to him vide letter dated 19.4.1997. The proposer did not accept this condition and the money deposited by him was refunded.