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D.K.JAIN, VINEETA RAI, VINAY KUMAR
Shnyni Valsan Pombally – Appellant
Versus
State Bank of India – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Gavrish Agni, Advocate & Mr. Prashant Agrawal, Advocate.

IMPORTANT POINT

The law, enjoins on the insured an absolute duty to disclose correctly all material facts which are within his personal knowledge or which he ought to have known had he made reasonable inquiries. A contract of insurance, therefore, can be repudiated for non disclosure of “material facts.”

ORDER

D.K. Jain, President—Delay of 24 days in filing the revision petition is condoned.

2. This revision petition under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”) is directed against order dated 04.07.2013 passed by the Goa State Consumer Disputes Redressal Commission (for short “the State Commission”) in FA No. 28 of 2013, whereby order dated 29.01.2013 passed by the District Consumer Disputes Redressal Forum, North Goa (for short “the District Forum”) in Complaint No. 75 of 2010, allowing the complaint, has been reversed. The District Forum has directed the Respondent No.2, SBI Life Insurance Company Ltd. (for short “the Insurance Company”) to pay to the Complainant a sum of Rs.10 lakhs along with compensation of Rs. 50,000/- on account of financial loss, mental tension and agony suffered by her and a sum of Rs. 20,000/- as the cost of litigation.

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