LIC OF INDIA Vs. PANKAJ PANDEY

JUDGEMENT

(1.) Petitioner/Opposite Party has preferred this revision petition under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act') against impugned order dated 16.8.2010, passed by Chattisgarh State Consumer Disputes Redressal Commission, Raipur (for short, 'State Commission').

(2.) Brief facts are, that Shri Krishna Avtar Pandey (Policyholder) had purchased two policies from Petitioner. Risk of these policies started from 24.5.2006. The Policyholder died on 28.09.07 due to ailment of Throat Cancer. At the time of issuance of Policies, deceased had furnished all required information as sought by the petitioner. At the time of filling of Proposal Form, deceased was completely healthy. The deceased was firstly diagnosed by Dr. Goyal on 17.11.06. Thereafter, he was diagnosed by Dr. Iqbal of E.N.T. Department on 20.11.06. Then he was treated in Prince Ali Khan Hospital, Bombay.

(3.) Respondent/Complainant (wife of deceased) after death of her husband lodged a claim alongwith all documents for obtaining claim amount towards both policies. The petitioner repudiated her claim 11.11.08 but did not return back the original documents, especially original copy of first prescription paper of treatment dated 29.11.06. Petitioner did not decide the claim for one year and manipulated the original medical papers, which amounts deficiency in service. Thereafter, respondent filed a consumer complaint before District Consumer Disputes Redressal Forum, Durg (for short, 'District Forum') praying as under;