- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 29.12.2003 in Complaint No. 16/2000 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short) dismissing the complaint of the complainant/appellant.
(2.) THE relevant facts not in dispute are that the insured Snehlatha Gupta was the wife of the complainant/appellant. She obtained a Life Insurance Policy from the respondent/insurer for the period from 28.9.1995 to 28.9.2010 for an assured sum of Rs. 20,000/ -. A declaration was also filled up by the insured in which she stated that she does not suffer from any disease including diabetes, T.B., High B.P. etc. The insured died on 19.11.1997. The complainant laid claim under the policy with the respondent/insurer. However, the respondent repudiated the claim by its letter dated 9.2.1999 on the ground that the complainant insured suppressed material facts that she was suffering from diabetes mellitus and hyper tension.
(3.) FEELING aggrieved by the repudiation as above, the complainant lodged the complaint before the District Forum. It was averred therein that the insured did not suppress any material fact in her declaration form that repudiation of complainant s claim by the respondent was without justification. It was prayed that assured sum with interest be awarded. The complaint was resisted by the respondent/insurer, mainly on the ground that the complainant had suppressed in her declaration the material facts of her suffering from chronic diabetes etc.;