JUDGMENT :

Sanjeev Kumar J.

1. Life Insurance Corporation of India, the petitioner herein, invokes the writ jurisdiction of this Court vested in it by Article 226 of the Constitution of India to assail an order and judgment dated 11.11.2009 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission [“the Commission”] in Appeal No.2600 titled “Life Insurance Corporation of India vs Smt. Padma Sharma whereby the Commission has dismissed the appeal of the petitioner and upheld an order dated 12.12.2003 passed by the Divisional Forum, Jammu [“the Divisional Forum”].

Factual Matrix:

2. A complaint under Section 10 of the Jammu and Kashmir Consumer Protection Act, 1987 [“the Act of 1987”] was filed by respondent No.3 before the Divisional Forum alleging therein that her husband late Sh. Joginder Lal Sharma had obtained an LIC policy bearing No. 140754977 covering the risk w.e.f 28.08.1997 to 28.08.2017. It was alleged that the husband of respondent No.3 died on 19.09.1999 and despite intimation of death of the insured, the petitioner-insurer repudiated the claim on the ground that the deceased husband of respondent No.3 had suppressed material information with respect to ai