Ashok Bhan, President—Complainant/respondent obtained a Mediclaim (Hospitalisation and Domicillary Hospitalisation Benefit) Policy from the petitioner-Insurance Company for the first time on 06.09.1994 for Rs.1,00,000/- which was effective till 05.09.1995. Thereafter., respondent kept on subscribing to the said Mediclaim Policy and the last spell of the Policy was for the period 24.09.1997 to 23.09.1998 and the insured amount was enhanced to Rs. 2,00,000/-.The respondent suffered from some Cardiac problem and was admitted to Escorts Heart Institute and Research Centre, Okhla on 15.07.1998 and, after necessary tests, had undergone three Artery By-pass Grafting on 15.07.1998 where he incurred an expense ofRs.1,73,850/- regarding which respondent filed a claim with the petitioner-Insurance Company. Petitioner repudiated the claim on twin grounds, firstly, that the last Policy was obtained after a gap of 17 days as the earlier Policy had expired on 07.09.1997 and the same was renewed on 24.09.1997 and, secondly, that the respondent had suppressed the fact that he was suffering from Heart problem while obtaining the Mediclaim Policy and, as such, the case of the respondent falls sq