IMPORTANT POINT
Nominee - The nominee / mother of the life assured has to state all the true and relevant facts regarding the health condition of the life assured and in case if something is found untrue to be contained in the revival form, the said contract shall be absolutely null and void.

ORDER

Kumkum Rani, Judicial Member II.—This appeal under Section 15 of The Consumer Protection Act, 1986 has been directed against the judgment and order dated 07.09.2017 passed by the learned District Consumer Disputes Redressal Forum, Tehri Garhwal (hereinafter to be referred as the District Commission) in consumer complaint No. 27 of 2016 styled as Smt. Babita Sovanshi Vs. Branch Manager, Life Insurance Corporation of India, wherein and whereby the complaint was allowed.

2. The facts giving rise to the present appeal, in brief, are as such that the impugned life insurance policy No. 272016319 for Rs. 1,50,000/- was purchased in the name of life assured Master Aman Sovansi through his mother, i.e. complainant – respondent with date of commencement of risk being 15.01.2017 (in short ‘the said policy’). The said policy lapsed for non-payment of premiums and renewed vide Renewal Form No. 720 dated 31.05.2012 and the appellant agreed to renew the said policy primarily on the basis of the renewal form dated 31.05.2012 submitted with it by the complainant for the minor life assured and on the basis of replies given to the queries asked in the aforesaid renewal form. Under the said renewal form dated 31.05.2012 for the said policy, the minor life assured through his mother – complainant had signed a declaration form. After the renewal of the said policy, installments were regularly paid by the complainant. On dated 19.03.2014, the life assured pertinently died and the claim intimation alongwith policy information was submitted to the office of the opposite party alongwith treatment papers with the documentary evidence, but no insured amount was ever paid to the complainant. Thereafter, a registered notice through advocate was sent to the opposite party – insurance company, even then the claim was not decided, hence the complaint was brought to the District Commission.

3. The opposite party in its written statement, has averred that it is true that the aforesaid policy was revived on 31.05.2012. The renewal form dated 31.05.2012 was signed by the life assured through his mother – complainant wherein it was clearly mentioned that if the averments are found to be untrue, then the contract with respect to the said policy would be null and void. The life assured pertinently died within two years of renewal of policy and claim was lodged. The matter was investigated because the lodged claim was within two years being an early claim, wherein it has come to the knowledge that the said policy was got renewed by deliberate concealment of material facts about the ailments of the life assured and there was false declaration given in the renewal form regarding queries asked therein, therefore, the claim was repudiated by detailed letter of dated 31.12.2014. The life assured through his mother has not given the correct position with regard to the queries sought in the renewal form 720 dated 31.05.2012 thereby concealed the true material facts, hence the principle of utmost good faith was breached. There exists no deficiency in service on the part of the answering opposite party – insurance company; the complainant’s claim was rejected in time, therefore, the complaint is liable to be dismissed.

4. The District Commission after taking into consideration the material available on record, has passed the impugned judgment and order on dated 07.09.2017 wherein and whereby it is held as under:—

“(Matter in Other Language)”

5. On having been aggrieved by the aforesaid judgment and order of the District Commission the appellant – opposite party has preferred the present appeal contending that the claim was lodged by the mother of the life assured within two years and it is being an early claim, the matter was investigated wherein it has come to the knowledge of the insurer that there was deliberate concealment of the material fact about the ailments of the life assured when the said policy was renewed and the false declaration was given in the renewal f