M.THANIKACHALAM, J. - (1.) This appeal aims to nullify the order of the District Forum in C.C.No.58/2008 on the file of District Forum, Namakkal, wherein a direction has been given to pay the sum assured under certain policies, with compensation, as per order dt.4.11.2009, by the aggrieved opposite party.
(2.) Brief facts: The complainant?s brother by name Chinnappan, had taken four policies from the opposite parties on 28.12.2004, 28.1.2006, 28.1.2006 and 30.8.2003 for the sum assured Rs.1 lakh Rs.2 lakhs, Rs.3 lakhs and Rs.1 lakh respectively, wherein the complainant was nominee and beneficiary. The policy holder Mr.Chinnappan died on 20.2.2007, and therefore as nominee, the complainant lodged a claim, furnishing the necessary documents. The opposite party, though honoured one policy for Rs.1 lakh, failed to honour three policies, totaling a sum assured of Rs.6 lakhs, thereby committed negligence, as well as deficiency, causing mental agony to the beneficiary of the policy holder, for which also the complainant is entitled to a sum of Rs.1 lakh, in addition to the sum assured under three policies. Thus claiming the amount, consumer complaint was filed.
(3.) The opposite party, admitting not only the four policies, mentioned in the complaint, but also further contending that the policy holder had taken another policy for Rs.2 lakhs, resisted the case, interalia contending that because of the early claim, investigation conducted, which revealed that while taking the policy dt.28.1.2006, previous policies were not disclosed, and that should be construed as suppression of material fats, offending uparima fiede, and on that basis alone, the opposite parties decided to repudiate the death claim, under two policies, which cannot be described as deficiency in service, praying for the dismissal of the complaint, denying other averments also.;