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2025 Supreme(Online)(SCDRC) 372

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Life Insurance Corporation of India – Appellant
Versus
SH. PRATAP SINGH RAWAT & OTHERS – Respondent
SC/5/A/244/2022



STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 18.11.2022 Date of Final Hearing: 01.07.2025 Date of Pronouncement: 10.07.2025 SC/5/A/244/2022 Life Insurance Corporation of India North Central Zonal Office, Mahatma Gandhi Road Jeevan Vikas, Kanpur having one of its Divisional Office at (Jeewan Prakash), Haridwar Road, Dehradun through its Authorised Signatory (Through: Ms. Japleen Bindra, Advocate holding brief of Sh. T.S. Bindra, Advocate, who also appeared via Video Conferencing)

…… Appellant Versus

1. Sh. Pratap Singh Rawat S/o late Kundan Singh Rawat C/o Doiwala Sugar Co. Ltd., Doiwala District Dehradun (Through: Sh. M.R. Saklani, Advocate)

2. Sh. Rishi Rawat S/o Sh. Mansingh Rawat R/o Gyan Vihar, Premnagar, Doiwala District Dehradun (Through: None)

3. Km. Anubha Rawat D/o Sh. Mansingh Rawat R/o Gyan Vihar, Premnagar, Doiwala District Dehradun (Through: None)

4. Km. Nilima Rawat D/o late Kundan Singh Rawat R/o Kanharwala, P.O. Bhaniawala District Dehradun (Through: Sh. M.R. Saklani, Advocate)

5. Smt. Shashi Rawat W/o Sh. Pramod Kumar D/o late Kundan Singh Rawat R/o Kanharwala, P.O. Bhaniawala District Dehradun (Through: Sh. M.R. Saklani, Advocate)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against the impugned judgment and order dated 06.10.2022 passed by learned District Consumer Disputes Redressal Commission, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No. 210 of 2016, styled as Sh. Pratap Singh Rawat and others Vs. Life Insurance Corporation of India and others, wherein and whereby the consumer complaint was allowed and the appellant – insurance company was directed to pay the assured amount of the policy amounting to Rs. 2,50,000/- to the complainants together with Rs. 20,000/- towards mental agony and Rs. 10,000/- towards litigation expenses, within a period of 30 days’, failing which the complainants were also held entitled to interest @9% p.a. on the aforesaid amount from the date of filing of the consumer complaint till payment.

2. The facts giving rise to the present appeal, in brief, are, as such that during his lifetime, late Sachin Singh Rawat had taken a life insurance policy, namely, Jeevan Saral (With-Profits) bearing No. 271740304 from the appellant on 17.03.2010 for assured sum of Rs. 2,50,000/- for a term of 20 years’ upon payment of annual premium of Rs. 11,760/-. The maturity date of the policy was 17.03.2030. The life assured was unmarried and at the time of taking the policy, he had nominated his mother – Smt. Kamla Devi as nominee. Unfortunately, the life assured suddenly died on 10.07.2010, whereupon the nominee had submitted the claim with the insurance company along with the policy bond. When after expiry of sufficient time, the claim was not settled, then the nominee through application dated 24.01.2015 sought information from the insurance company under The Right to Information Act, 2005, in response whereof, the insurance company through letter dated 25.02.2015 informed the nominee that the claim under the subject policy No. 271740304 has been repudiated for want of disclosure of earlier policy Nos. 271697106 and 273077416 at the time of submitting the proposal form for the subject policy. Thereafter, the nominee through legal notice dated 04.04.2015 issued by her counsel, informed the insurance company that the proposal form was filled in by the authorised agent of the insurance company and not by the life assured. It was further stated that in the year 2010, all the offices of Life Insurance Corporation of India have been computerized, hence merely by one click, the insurance company could gather knowledge of the previous policies held by the proposer, thus the insurance company was having the knowledge of the earlier policies obtained by the life assured. Later on, under The Right to Information Act, 2005, the nominee rece

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