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2023 Supreme(Online)(Guj) 1267

GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
R. N. Mehta (Presiding Member)
Jasiben Govindbhai Makwana v. Aviva Life Insurance Co. India Ltd.


Advocates:
For the Complainant: Mr. Pancholi
For the Opponent: Mr. R.P. Raval

Table of Content
1. filing of insurance claim as nominee based on policy (Para 1 , 2)
2. arguments regarding non-disclosure of material facts (Para 3 , 4)
3. court observations regarding evidence and assertion of liability (Para 5 , 6)
4. rationale for dismissal based on misrepresentation and duty of disclosure (Para 7)

1. The above named complainant has filed this complaint under Clauses (c), (d),(g) and (r) of Sub-section (1) of S.2 read with S.12 and S.14 of The Consumer Protection Act, 1986 (herein after referred as "The Act or "Act) and prayed for the relief as under:
(a) Be pleased to direct the opponent to pay Rs. 25,00,000 with interest @ 12% p.a. from the date of repudiation, i.e. 30.1.2016
(b) Be pleased to direct the opponent to pay compensation in the sum of Rs. 50,000 for mental pain and harassment to the complainant.
(c) Be pleased to direct the opponent to pay a sum of Rs. 15,000 to complainant towards the cost of this litigation.
(d) Any other appropriate order may be passed looking to the facts and circumstances of the case.


2. The complainant is mother (legal heir) and nominee of deceased Kishor Govindbhai Makvana (herein after referred as "Life Assured or "DLA or "Pr



























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