Late Shri Seetharama Raju took two insurance policies from the petitioner company one for Rs.21,00,000/- and the other for Rs.2,15,000/-. The insured having died due to heart attack on 02-09-2004 the claims were submitted by the complainants seeking payment in terms of the insurance policies taken by the deceased. The claims, however, came to be rejected by the insurance company, on the ground that the insured had concealed a pre-existing disease while submitting the proposal to the insurance company. Being aggrieved the complainants filed two separate complaints one before the concerned District Forum, the value of the clam being less than Rs.20,00,000/- and the other before the concerned State Commission the value being more than Rs.20,00,000/-. The complaints were resisted by the insurance company primarily on the same ground on which the claim had been repudiated.

2. The District Forum, vide its order dated 03-04-2009 passed in Consumer Case No.631 of 2006 dismissed the complaint as pre mature on the ground that a writ petition filed by the insurance company against the order passed by the Insurance Ombudsman was still pending. It would be pertinent to note here that the In