Dhananjaya Y Chandrachud, J. - (1.) Leave granted.
(2.) The District Consumer Disputes Redressal Forum, Ambala "District Forum" allowed a consumer complaint instituted by the respondent on the basis of a mediclaim policy. The District Forum directed the appellant to pay a sum of Rs 2,21,990, together with interest at the rate of 9% per annum from 29 October 2009, which is the date on which the claim was repudiated. Compensation of Rs 10,000 was awarded towards mental harassment and Rs 10,000 towards litigation expenses. Failing payment within the stipulated period, the amount awarded was directed to carry interest at 12% per annum. This order of the District Forum was affirmed in appeal by the State Consumer Disputes Redressal Commission "SCDRC". The National Consumer Disputes Redressal Commission "NCDRC" dismissed a revision filed by the appellant. This has given rise to the present appeal.
(3.) The respondent obtained a Mediclaim policy from the appellant. On 7 June 2008, he had submitted a proposal form for a Health Plus policy. The policy was issued on 25 June 2008 under the category of 'Non-Medical General "NMG"' for a sum of Rs 1,60,000. The proposal form required a disclosure of health details and medical information. Among them was whether the proposer had suffered from "cardiovascular disease e.g.: Palpitations, heart attack, stroke, chest pain". The proposal form contained a response in the negative to the above query.;