- (1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 10.1.2002 in Complaint No. 251/2000 by District Consumer Disputes Redressal Forum , Bilaspur (hereinafter called the District Forum for short) dismissing the complaint.
(2.) THE complainant s wife Injana Bai obtained a life insurance policy for the assured sum of Rs. 50,000/ - from the respondent Life Insurance Corporation. The proposal form was submitted by the insured on 30.12.1993 wherein she stated that her health was good and she also stated that she was never required to take any treatment etc. during the last 5 years. The said policy covered the risk of the life of Injana Bai from 28.12.1993 to 28.12.2008. Undisputably insured Injana Bai expired on 27.6.1995.
(3.) THE complainant, husband of Injana Bai and nominee under the policy, laid claim with the respondent insurer for payment of the assured amount. The claim was however, repudiated by the respondent insurer by their letter dated 3.9.1996 on the ground of material suppression of facts by the insured, in her proposal form. The complainant, therefore, filed the complaint before the District Forum praying that the respondent/insurer be directed to pay him the assured sum of Rs. 50,000/ - with compensation etc. Respondent insurer resisted the claim. According to respondent insurer, the insured Injana Bai died of Acute Haemorrhagic Pancreatitis with respiratory failure with septicemia. It was averred that the insured suffered from the said disease much earlier prior to the submission of the proposal form. It was, therefore, averred that there was material suppression of facts, on the part of the insured regarding the state of her health and ailment suffered by her. The repudiation was, therefore, justified.;