(1.) Challenging in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986( in short, 'the Act'), is to the order dated 9.5.2017 in FA. No. 735 of 2014, passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission). By the impugned order, the State Commission has partly allowed the Appeal directing the Insurance Company to pay a sum of Rs. 7,50,000 within a period of six weeks from the date of receipt of the copy of the order, failing which, interest @ 9% p.a. shall be payable till the date of realization.
(2.) Briefly put, the facts material to the case are that the Complainant has taken a Life Insurance Policy for the sum assured of Rs. 7,50,000 commencing from 26.5.2007 for a period of one year. The policy was also renewed on 27.5.2008 for another period of one year. While so, on 2.5.2009, the assured Mr. L. Vijaykumar died during subsistence of the policy and the wife of the assured, who is also a nominee under the policy made a claim to the Insurance Company, which was repudiated on the gro und that the insured has supressed material facts regarding his health condition. Hence, the Complaint seeking direction to the Opposite Parties to pay the sum assured of Rs. 7,50,000 with interest @ 12% p.a., compensation of Rs. 20,000 and Other costs.
(3.) The Insurance Company field their Written Version stating that the health information regarding diabetes mellitus and existing health condition was deliberately suppressed by the insured before taking the policy. It was averred that in the proposal form, the insured has answered the following questions under Personal Medical Details, under Clause 25 as follows: