LAWS(NCD)-1999-6-19

BRAJENDRA KR SHARMA Vs. MANAGER LIC I

Decided On June 16, 1999
BRAJENDRA KR SHARMA Appellant
V/S
MANAGER LIC I Respondents

JUDGEMENT

(1.) This is complainant's appeal against the order of dismissal dated 6.7.1998.

(2.) The complainant submitted a proposal with the opposite party for an Insurance Policy for a sum of Rs.2,00,000/- covering a period of 15 years and deposited Rs.15,213/- with the opposite party alongwith the Proposal Form on 30.3.1996. The medical check-up of the complainant was done. The opposite party asked the petitioner for another medical check-up and to give a declaration to the effect that he had not been treated for Tuberculosis during the preceding 10 years. He was further advised to consult a particular cardiologist at Woodlands Nursing Home, Calcutta. The complainant went through several medical check-ups in order to see for himself as to whether he was keeping sound health. All the medical reports were normal. In this way, the matter dragged on and as there was delay in accepting the proposal the complainant urged for refund of the money deposited by him with the opposite party which was done on 2.1.1997. According to the complainant the most precious opportunity to secure a cover for his life was lost and a substantial damage was done to him. Accordingly, he approached the Forum for a compensation for the sum of Rs.2,00,000/-.

(3.) The opposite parties disputed the claim of the complainant by filing a written objection wherein it has been stated that the complainant being not a consumer is not entitled to get any relief under the Consumer Protection Act. According to the opposite parties no contract was concluded by the opposite party with the complainant while accepting the proposal for Insurance Cover. It has been alleged that the complainant had been suffering from chronic Bronchitis which was suppressed by the complainant in the Proposal Form. The opposite party submits that they have done nothing wrong in not accepting the proposal for Insurance on the life of the complainant.