- (1.) Leave granted.
(2.) This appeal by special leave is directed against the order of the National Consumer Disputes Redressal Commission, New Delhi dated 30-3-1998, dismissing the revision filed by the appellant and confirming the decision of the State Forum, which in turn affirmed the decision of the District Forum. The question that arises for consideration in this appeal is whether under clause 4-B of the policy, the date of the policy is the date on which the policy was issued or the date on which the risk under the policy has commenced. The aforesaid question arises under the following circumstances: The respondent took a policy of life insurance on the life of his minor daughter Kumari Rajan Anand. The proposal was submitted on 25-3-1990 and the policy was issued on 31-3-1990. The policy contained a clause, Clause 4-B which reads as follows: "4-B. Notwithstanding anything mentioned to the contrary, it is hereby declared and agreed that in the event of death of life assured occurring as a result of intentional self-injury, suicide or attempted suicide, insanity, accident other than an accident in a public place or murder at any time, on or after the date on which the risk under the policy has commenced but before the expiry of three years from the date of this policy, the Corporation's liability shall be limited to the sum equal to the total amount of premiums (exclusive extra of premiums, if any), paid under the policy without interest. Provided that in case the life assured shall commit suicide before the expiry of one year reckoned from the date of this policy, the provisions of the clause under the heading "Suicide" printed on the back of the policy (sic will apply.)"
(3.) The insurer called upon the insured to indicate whether the policy is to be backdated and if so, the date from which it should be dated back. The insured indicated that the policy should be dated back to 10-5-1989 and the premium for the period 10-5-1989 till 25-3-1990 was accordingly paid. The policy was issued to the insured on 25-3-1990 (sic 31-3-1990). The minor girl whose life had been insured under the policy committed suicide on 15-11-1992. the respondent thereafter lodged a claim for payment of the entire sum for which the life of the deceased had been insured. The Corporation gave a reply to the respondent that his claim for the full sum assured could not be entertained as the assured had committed suicide within three years of the date of the issue of policy and clause 4-B of the policy would be attracted. The respondent then filed a complaint under section 12 of the Consumer Protection Act contending, inter alia, that the risk under the policy having commenced w.e.f. 10-5-1989 and the assured having committed suicide on 15-11-1992, clause 4-B will not apply and therefore, the entire sum for which the life of the minor girl had been insured should be paid to the respondent together with the bonus and interest which accrued due. The appellant took the stand before the District Forum contending that though risk under the policy has commenced w.e.f. 10-5-1989 but the date of the policy is 31-3-1990 and therefore, death of the assured having occurred before expiry of three years from the date of the policy, the liability of the Corporation shall be limited to the sum equal to the total amount of premium paid under the policy as per clause 4-B of the terms of the policy. The District Forum however rejected the contention of the appellant and being of the view that the policy in the eye of law having commenced w.e.f. 10-5-1989, the three years' period under clause 4-B of the policy would run from the said date and not from the date of issuance of the policy and, therefore, the Corporation cannot have a limited liability as per clause 4-B of the policy. The said view of the District Forum was upheld in appeal by the State Forum as well as in revision by the National Forum and hence the present appeal.;