- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 20.7.2004 in Complaint No. 10/2004 by District Consumer Disputes Redressal Forum, Dhamtari (herein after called District Forum for short) directing the appellant/insurer to pay to the complainant/respondent a sum of Rs. 1,00,000/ - in connection with the policy obtained by her husband insured Lalit Kumar Heera.
(2.) UNDISPUTABLY , the deceased Lalit Kumar Heera had obtained an insurance policy on 28.11.2001 for an assured sum of Rs. 1,00,000/ - and had duly paid the premium thereof. The deceased died on 12.9.2002. The complainant is the wife of the deceased insured Lalit Kumar Heera. The complainant laid claim under the policy for payment of the assured sum. However, the claim was repudiated by the appellant/insurer on the ground that there was material suppression of fact regarding the state of health by the insured.
(3.) THE complainant feeling aggrieved by the repudiation, preferred a claim before the District Forum. She averred that the repudiation by the appellant/insurer was without justification and there was no material suppression by the deceased/insured. The complaint was resisted by the appellant/insurer. The appellant averred that the insured had not disclosed that he was suffering from ailment and was admitted in hospital for its treatment from 21st to 23rd June, 2001. The opposite party/appellant prayed that the complaint be dismissed.;