Mr. Justice R.C. Mankad, President—The complainant is an advocate practising in Ahmedabad and he had made proposal for taking mediclaim policy which is also known as hospitalisation and domiciliary hospitalisation benefit policy from the opponent United India Insurance Company Limited on September 3, 1987. In the proposal form against Column No. 4 “details of any knowledge of any negative existence or presence of any ailment, sickness or injury which may require medical attention in immediate future, the complainant stated “No. Except operated for Mitral Stenosis in the year 1979 by Dr. Satubhai Trivedi”. In the column for stating details of medical treatment/surgical operation during preceding 12 months, the complainant stated “No”. This proposal was accepted by the opponent and mediclaim policy for the period from September 4,1987 to September 3,1988 was issued in favour of the complainant. According to the complainant, the said mediclaim policy was thereafter renewed from time to time and every time it was renewed for a period of 1 year. The policy was renewed without submitting any fresh proposal form. In this manner, the complainant was holding mediclaim policy for the period from September 8, 1991 to September 7, 1992 and from September 8, 1992 to September 7, 1993. The said policy was further renewed from September 8, 1993 to September 7, 1994 ;but that is not relevant for our purpose. The complainant was admitted to Apollo Hospitals at Madras (Hospital for short) on August 27, 1992 for heart check up. After Angiography was done by Dr. Sathya Murthy, Cardiologist, the complainant was advised to undergo open heart surgery for Mitral Valve replacement. The complainant was discharged from the hospital on August 29,1992. He was readmitted to the Hospital on September 2, 1992 for open heart surgery. He was operated on September 11, 1992 by Cardio Thorasic Surgeon Dr. M.R. Girinath for replacement of Mitral Valve. The complainant was discharged from the hospital on September 19, 1992 and returned to Ahmedabad on September 23, 1993. The complainant duly intimated the opponent about the aforesaid medical treatment taken by him. He also submitted all the details including bills, receipts etc. to the opponent and submitted claim for reimbursement of the expenditure incurred by him for taking medical treatment on or about October 19, 1992. According to the complainant, he had complied with all the formalities and submitted all the relevant documents to the opponent in support of the claim made by him. The complainant had incurred total expenditure of Rs. 1,07,516/- for taking treatment at the Hospital as stated above and he had produced necessary receipts in support of this expenditure before the opponent. The opponent, however, by its letter dated April 5, 1992 to the complainant informed him that it was unable to consider his claim on the ground that the fact that the complainant was suffering from rheumatic heart disease since the age of 12 was not disclosed by him. It is submitted that the reason given by opponent for turning down the complainant’s claim is not legal and valid. He had not suppressed any material fact in the proposal form for taking mediclaim policy. He had clearly stated in the proposal form that he was operated for Mitral Stenosis by Dr. Satubhai Trivedi in 1979. It is further submitted the allegation that he was suffering from rheumatic heart disease since the age of 12 is not true. In any case, whether the complainant was required to disclose in the proposal form had been disclosed and disclosure was true and bonafide. It is submitted that the opponent has, by refusing to pay the claim of the complainant, failed to give proper service to him. In other words, according to the complainant, there was deficiency of service on the part of the opponent. On the above grounds, the complainant has prayed for total compensation of Rs. 1,27,000/ which includes Rs. 1,07,516.05 expenses incurred by the complainant