Mr. N.K. Vaidya, Member — This is an appeal against the order dated 9.9.1997 passed by District Consumer Disputes Redressal Forum, Jabalpur in their Case No. 362/93, wherein the Forum has dismissed the complaint stating further that the complainant if he desires, may file a suit in Civil Court.

2. Heard the arguments of both the parties and perused the records of the case.

3. The undisputed facts of the case in brief are as under:

(i) That the complainant's wife Smt. Gomti Bai had taken one LIC Policy No. 370356766 for Rs. 50,000/-on her life on 20.7.1992 and she died on 4.10.1992 at about 8.45 p.m.

(ii) That respondent-LIC repudiated the claim of the complainant (nominee) vide their letter No. DC-1/Repdt/1/ 94/95 dated 11.8.1994 stating that she withheld the material information regarding her being pregnant at the time of effecting the assurance with UC and also made incorrect statement about her husband's policy that it was for Rs. 50,000/- and was effective. That the LIC held indisputable proof to show that she was pregnant at the time she proposed for above insurance and that her husband's policy was for only Rs. 20,000/- and not Rs. 50,000/- and was in lapsed condi