- (1.) THIS is an appeal under Section 15 of Consumer Protection Act, 1986 ( the Act ) directed against the order passed by the District Consumer Disputes Redressal Forum, Raipur, (hereinafter referred to as the District Forum) in Complaint Case No. 95/2004. The District Forum by the impugned order has held the appellants/opposite parties deficient in service and directed payment of Rs. 25,000 bonus, interest @ 9% per annum, and Rs. 500 cost of complaint.
(2.) GRIEVANCE of the complainant is that her late husband had obtained an insurance policy bearing No. 382498618 from the respondent/opposite party for Rs. 25,000. Last quarterly premium was paid on 24.4.2003. On the death of the insured on 24.4.2003 the claim by the complainant was repudiated by the respondent vide letter dated 9.6.2003 that the deceased had suffered from head injury before revival of the policy and was admitted to the hospital on 10.4.2003.
(3.) RESPONDENT in reply has admitted that the policy was issued on 28.6.2002 which lapsed on 28.9.2002. The insured sustained a head injury after falling down from a tree and was admitted to hospital on 10.4.2003 and expired on 27.4.2003. The policy was revived on 17.4.2003 on submission of necessary declaration of good health and payment of premium. But the facts regarding the condition of health were suppressed in the declaration for rival of policy. Therefore, as averred by the opposite parties/appellants the repudiation was justified. Learned Counsel for the appellant assailed the order and particularly the reasoning by the District Forum that the appellants should not have accepted the declaration for revival of the policy and accepted the premium without proper investigation and that once the policy is revived they cannot escape from the liability.;