NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. NC/RP/365/2025 (Against the Order dated 31st August 2023 in Appeal SC/24/A/17/162 of the State Consumer Disputes Redressal Commission Gujarat)

RAJESHBHAI J RAVAL Sangeetaben wd/o Rajubhai alias Rajeshbhai Jesangbhai Rawal PRESENT ADDRESS - 33, BEHIND TRINITYA SCHOOL MEHMDAVADKHEDA , KHEDA,GUJARAT.

.......Petitioner(s)

Versus HDFC STANDARD LIFE INS CO LTD PRESENT ADDRESS - HDFC STANDARD LIFE INSURANCE CO. LTD. 11-14TH FLOORLODHA EXCELUS, APOLLO MILLS COMPOUND, N. M. JOSHI ROAD, MAHALAXMI , MUMBAI,MAHARASHTRA.

BRANCH MANAGER HDFC STANDARD LIFE INSURANCE CO. LTD.

BUSINESS ADDRESS - SN 115-117, FIRST FLOOR, AKSHAR ARCADE, NAVARANGPURA , AHMADABAD,GUJARAT.

BRANCH MANAGER HDFC STANDARD LIFE INSURANCE CO. LTD.

BUSINESS ADDRESS - FIRST FLOOR, SHIV POINTMAHA GUJARAT, COLLEGE ROAD, NADIAD , KHEDA,GUJARAT.

.......Respondent(s)

BEFORE:

HON'BLE DR. INDER JIT SINGH , PRESIDING MEMBER HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN , MEMBER FOR THE PETITIONER:

MS. PRAGATI DHAWAN, ADV FOR THE RESPONDENT:

MR. JOYDIP BHATTACHARYA & MS. IPSITA BISWAL, ADV DATED: 08/08/2025

ORDER

1. The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under section 58(1) (b) of Consumer Protection Act 2019, against the order dated 31.08.2023 of the State Consumer Disputes Redressal Commission Gujarat (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No. 162 of 2017 in which order dated 18.01.2017 of Kheda District Consumer Disputes Redressal Commission (hereinafter referred to as District Commission) in Consumer Complaint (CC) no. 89 of 2016 was challenged, inter alia praying for setting aside the order dated 31.08.2023 of the State Commission.

2. While The Revision Petitioner (hereinafter also referred to as Complainant) was Respondent before the State Commission and the Respondents (hereinafter also referred to as Opposite Parties (OPs) were Appellants before the State Commission, the Revision Petitioner was Complainant and Respondents were OPs before the District Forum.

3. Notice was issued to the Respondents on 10.03.2025. Parties filed Written Arguments/Synopsis on 23.07.2025 (Petitioner ) and 21.07.2025 ( Respondent)

respectively.

4. Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that husband of the complainant Rajubhai @ Rajeshbhai Jesangbhai Raval ( deceased ) took life insurance policy for the sum insured of Rs.14,00,000/- from the Opposite Parties commencing from 18.03.2014 for 30 years term and premium was also paid in cash. It is the case of the complainant that Opposite Parties took signature in the proposal form and at that time her husband asked the agent of the Opposite Parties to translate it into Gujarati as he had no knowledge of English language. Further, the proposal form was not explained to her husband. However, during the existence of the insurance policy, the husband of the complainant died due to heart attack. The complainant being nominee, submitted a claim alongwith all the documents before the Opposite Parties which was denied by the Opposite Party. Being aggrieved of this act of the Opposite Party, the Complainant filed CC before the District Forum. District Forum allowed the Complaint of the Complainant.

Being aggrieved, the Opposite Parties preferred an Appeal before the State Commission and the State Commission vide order dated 31.08.2023 allowed the Appeal of the Opposite Parties and set aside the order of the District Forum. Therefore, the Complainant / Petitioner herein is before this Commission now in the present RP.

5. Petitioner has challenged the said Order dated 31.08.2023 of the State Commission mainly on following grounds:

(i) Insurance Contract is based on the principle of Uberrima Fides i.e. Utmost Good Faith and therefore, insurer should disclose all the material facts to the insured.

(ii) The Respond