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R. K. AGRAWAL, S. M. KANTIKAR
D. Padma – Appellant
Versus
Branch Manager, State Bank of Hyderabad – Respondent
ORDER
R.K. Agrawal, President—The present Revision Petition has been filed by the Original Complainant, the Petitioner herein, under Section 21 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act), against the Order dated 18.08.2017, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission) in First Appeal No.14/2016. The Appeal before the State Commission had been filed by SBI Life Insurance Co. Ltd., Navi Mumbai and it’s Office at Hyderabad, arrayed as Respondents No. 2 and 3 in the present Revision Petition (hereinafter referred to as the Insurance Company), against the Order dated 30.11.2015, passed by the District Consumer Disputes Redressal Commission, Ranga Reddy (hereinafter referred to as the District Commission) in Consumer Complaint No. 204 of 2013, whereby the District Commission had allowed the Complaint, preferred by the Complainant/Petitioner herein, and directed the Insurance Company to pay an amount of Rs.14,46,314/- with interest @ 9% p.a. from the date of the claim, i.e. 03.01.2013, till the date of realization as also costs of Rs.5,000/-. However, by the Impugned Order
(1) Correct declarations - Had the Insured given correct declaration or answers to the aforesaid questions, the Insurance Company may have taken an informed decision as to whether he should be enroll....
Suppression of material facts by an insured can render an insurance claim voidable, impacting the insurer's liability.
Suppression of material fact - there is suppression of material facts by the Insured and the sum assured is not payable to the Complainant/Petitioner.
The burden to prove misrepresentation or suppression of material facts in insurance contracts lies with the insurer, and claims cannot be repudiated without credible evidence.
(1) Burden of proof – Insurance is a contract of utmost good faith, but the burden of proving that the insured suppressed material facts lies strictly on the Insurer. Exclusionary clauses and allegat....
The duty of the insured to disclose all material facts at the time of obtaining an insurance policy, the significance of material facts in influencing the decision of a prudent insurer, and the conse....
Revisional Jurisdiction – Revisional jurisdiction of the National Commission is extremely limited, it should be exercised only in case as contemplated within the parameters specified in the provision....
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