BAJAJ ALLIANZ INSURANCE CO LTD Vs. VADIVAMBAL VARADARAJAN

JUDGEMENT

(1.) The present Revision Petition has been filed against the order dated 18-07-2018 passed by Tamil Nadu State Consumer Disputes Redressal Commission at Chennai (hereinafter referred to as 'the State Commission') whereby the Appeal preferred by the Petitioners herein has been dismissed and the order passed by the District Forum in CC No.216 of 2014 dated 13-10-2016 has been confirmed with costs of Rs.5,000.00.

(2.) We have heard Ms. Vidyalakshmi Vipin, Learned Counsel for the Petitioners and Mr. A. Palaniappan, who represents the Respondent and have perused the impugned order passed by the State Commission. The learned Counsel for the Petitioners submitted that the Insurance Policy was taken with full knowledge by the Petitioners and it was for a period of 36 years. The Insured could have withdrawn from the Policy within 15 days. The Insured had approached the District Forum on 13-11-2014 whereas the Policy was issued on 28-03-2011. She further submitted that till the time of the filing of the Complaint, the Complainant/Respondent herein (the insured) was being given a monthly payment of Rs.6,415.00 which she enjoyed and, therefore, there is no question of getting out of the policy in question.

(3.) The learned Counsel for the Complainant/Respondent, however, submitted that the Policy, though taken on 28-04-2011, was given to her after 15 months. While issuing the Policy, the Agent/Deputy Manager who had come to the Complainant/Respondent herein gave a different picture for taking the Policy and had she been told that the Policy is of 36 years, she being aged 69 years at that time, could not have opted for it because normally no one lives for a period of 100 years or more, exceptions may be there. Moreover, the Complainant/Respondent was of 69 years whereas in the Insurance Policy her age was mentioned as 63 years.