CHOTI DEVI Vs. LIC OF INDIA AND ORS.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 17-04-2009 passed by the learned State Consumer Disputes Redressal Commission, Haryana (in short, 'the State Commission') in Appeal No. 1994/2003 LIC of India & Ors. Vs. Choti Devi, 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 Sadik Ali Khan obtained two insurance policies of Rs.50,000/- and Rs.1,00,000/- from opposite party/respondent. Insured died on 12-01-1998 and complainant submitted claim before opposite party. Opposite party repudiated claim on the ground that due to non-payment of premium policy lapsed, which were revived by insured on 06-01-1998 wherein insured did not disclose his previous disease and treatment. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that claim was rightly repudiated on account of deliberate mis-statement and withholding material information about his health at the time of revival of lapsed policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay sum insured with interest. Opposite party filed appeal before State Commission and learned State Commission vide impugned order allowed appeal and dismissed complaint as barred by limitation, against which this revision petition has been filed.

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