IN THE NATIONAL CONSUMER REDRESSALCOMMISSION, NEW DELHI SECOND APPEAL NO. 745 OF 2025 (Against the Order dated 08.01.2024 in First Appeal No.267/2023 of the Andhra Pradesh State Consum er Disputes Redressal Com m ission, Vijaywada)

W ITH IA/13307/2025, IA/13308/2025, IA/13309/2025 (Exem ption from filing the certified copy, Condonation of delay, Exem ption from dim docum ents)

M /s. Kotak M ahindra Life Insurance Co. Ltd.

P lot No. C -12, G -Block, BKC , Bandra (E), M um bai-400 051, M aharashtra, R epresented by its Authorized Signatory ... Petitioner V ersus

1. Talari G ow tham i, W /o. Late Siva Prasad, D. No. 8-4-73, Sangeetharaopeta, Sam arlakota, M andai, Kakinda, Andhra Pradesh.

2. Talari Avanthi Sai Kiranm ai, D/o. Late Siva Prasad, Student, D. No. 8-4-73, Sangeetharaopeta, Sam arlakota, M andai, Kakinda, Andhra Pradesh.

3. Talari Sathvika, D/o. Late Siva Prasad, D. No. 8-4-73, Sangeetharaopeta, Sam arlakota, M andai, Kakinda, Andhra Pradesh.

4. Talari Am m aji, M /o. Late Siva Prasad, D. No. 8-4-73, Sangeetharaopeta, Sam arlakota, M andai, Kakinda, Andhra Pradesh . ... R espondents BEFORE:

HON’BLE AVM JONNALAGADDA RAJENDRA, AVSM VSM (Retd.), PRESIDING MEMBER HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER For the Petitioner M r. Kum ar M ihir and M r. Athul Joseph, Advocates Dated 24.11.2025 :

ORDER (ORAL)

1.

H eard learned C ounsel for the Petitioner.

2. As per the report of the R egistry, there is 435 days delay in filing this Second Appeal. The Petitioner filed I.A. No. 13308 of 2025 seeking condonation of delay.

3. In the said Application seeking C ondonation of D elay, the learned counsel for the petitioner contended that this Second Appeal has been preferred against part of the O rder dated 08.01.2024 passed by the Andhra Pradesh State C om m ission, Vijayaw ada in FA No. 267 of 2023, w herein, despite partly allow ing the Appeal and setting aside the order dated 06.02.2023 passed by the D istrict C om m ission, Kakinada, the State C om m ission w aived the dam ages to the extent of Rs. 5,00,000 w hile upholding the rem aining order in C C No. 07 of 2022. Aggrieved by the Im pugned O rder dated 08.01.2024, the Appellants filed R eview Application No. 02 of 2024 in FA No. 267 of 2023 on 13.02.2024 under Section 50 of the Act, 2019, before the State C om m ission, pointing errors apparent on the face of the record. It w as specifically contended in the R eview Petition that the State C om m ission failed to appreciate the vital fact that the life assured had w ilfully concealed his pre-existing health ailm ents, am ounting to a breach of the principle of utm ost good faith and contractual obligations under the insurance policy. It w as further clarified that non-filing of the evidence affidavit and w ritten subm issions by the local advocate occurred due to an inadvertent m isunderstanding, w hich led the State C om m ission to overlook the appellants’ prim ary contention that the life assured had procured the policy fraudulently by suppressing m aterial facts concerning his health condition. H ow ever, the State C om m ission vide order dated 22.04.2024 dism issed the R eview Petition, holding that the Im pugned O rder w as passed after due consideration and that no error apparent on the face of the record, as required under Section 50 of the Act, 2019. C onsequently, the State C om m ission held that the R eview Application did not fulfil the requisite conditions prescribed under the said provision and w as, therefore, not m aintainable. Thereafter, the appellants preferred this R evision Petition on 06.06.2024, challenging the Final Judgm ent and O rder dated 08.01.2024 passed by the H on’ble State C om m ission in FA No. 267 of 2023. The said R evision Petition cam e up for hearing before this H on’ble C om m ission on 21.10.2024, w hen notice w as issued, and subsequently on 09.01.2025 and again on 24.03.2025, w hen this H on’ble C om m ission passed the follow ing order:

“The RP in question has been filed against the