ORDER

A.P. Sahi, President—These two appeals arise out of a common order dated 29.01.2019, passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh. One Late Mr. Kewal Krishan, who was the policy holder tendered a proposal to the Insurance Company on 09.05.2016 for a life insurance policy. It was initially for a period of 15 years, but the period was reduced thereafter to 5 years and the excess premium was returned. The complainant, Mr. Kumar Gaurav is the son of Late Mr. Kewal Krishan, and was the nominee of the said policy.

2. The assured, Mr. Kewal Krishan died on 01.12.2017, and the death claim intimation was made to the company on 13.12.2017. The claim was repudiated on 17.02.2018, on the ground that the insured/ assured had undergone a treatment of lung cancer for which a biopsy and PET ((positron-emission tomography) Scan had been carried out prior to the issuance of the policy. The proposal form filled by the insured had categorically replied in the negative against the question regarding pre-existing diseases including cancer.

3. Upon the repudiation of the claim, the claimant filed a complaint (CC/748/2018) before the State Commission, alleging that