S. RAVINDRA BHAT, J.

( 1 ) THE petitioner seeks appropriate directions to the respondent (hereinafter called "the insurer" close) to reimburse the expenses incurred by him for his medical treatment, in accordance with the policy of insurance (hereinafter called "mediclaim" ).

( 2 ) THE respondent is in the business of Insurance. The petitioner is a chartered accountant by profession. He was retained for the job carrying auditing the respondent's Division Office No. 7, Delhi. At that time, i. e May 2001 the insurer's agents/employees allegedly represented to petitioner that he should take an Individual Mediclaim Policy to cover his health. On a pointed query from petitioner that, if he could be insured, as he was a diabetic, a hypertensive and had undergone a cataract operation of an eye, he was assured by respondent's representative that he would be eligible for such a policy and that he had to furnish complete details of the medication being undergone by him at that point of time.

( 3 ) THE petitioner filled up the proposal form, underwent the necessary medical tests suggested by the respondent and fully disclosured his existing medical condition. An ECG was also conducted, as

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