IN THE DELHI STATE CONSUMER DISPUTESREDRESSAL COMMISSION Date of Institution: 05.09.2023 Date of hearing: 12.07.2024 Date of Decision: 23.08.2024 FIRST APPEAL NO.- 453/2023 FIRST APPEAL NO.- 454/2023 FIRST APPEAL NO.- 458/2023 FIRST APPEAL NO.- 459/2023 FIRST APPEAL NO.- 460/2023 FIRST APPEAL NO.- 461/2023 IN THE MATTER OF

1. LIFE INSURANCE CORPORATION OF INDIA ZONAL MANAGER, LIC OF INDIA NORTHERN ZONAL OFFICE

124, CONNAUGHT CIRCUS, NEW DELHI-110001.

2. SENIOR DIVISIONAL MANAGER LIC OF INDIA, DELHI DIVISIONAL OFFICE-III

9^TH FLOOR, SCOPE MINAR, LAXMI NAGAR DELHI 110092 (BOTH THROUGH MANAGER, L& HPF, LIC OF INDIA DIVISIONAL OFFICE, JEEVAN PRAKASH BUILDING

25 KASTU.

(Through: Mr. Anoop K. Kaushal, Advocate)

…Appellants VERSUS MS. REKHA JAIN.

W/O MR. NARESH CHAND JAIN H.NO. F-67, WEST JAWAHAR PARK GALI NO-10. LAXMI PARK NEW DELHI-110092.

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Anoop K. Kaushal counsel for the Appellant.

Respondent in person along with Mr. Naresh Jain husband of respondent.

PER :HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. By this consolidated order, we will address six appeal cases: Case Nos.

F.A. No. 453/2023, F.A. No. 454/2023, F.A. No. 458/2023, F.A. No. 459/2023, F.A. No. 460/2023, and F.A. No. 461/2023, all titled “Life Insurance Corporation Ltd. & Anr. vs. Ms. Rekha Jain”. These cases are being heard together because they involve similar facts and issues, with the only differences being the policy numbers, policy dates, and policy amounts.

2. The facts of the case as per the District Commission record are as under:

1. The complaints have been filed under Section 12 of the Consumer Protection Act, 1986 (in short CP Act) against Respondents/Opposite Parties (in short OP) alleging deficiency of services.

2. By this common order, we shall decide six complaint cases Case No.29/2017, Case No.30/2017, Case No.31/2017, Case No.32/2017 and Case No.33/2017 as titled Smt. Rekha Jain V/S LIC as all the cases relate to similar facts and issues Similar pleas of both the parties. The only difference is that of policy number, date of policy and amount of policy.

No.28/2017.

3 In CC No. 28/2017 the policy number is 1261182683 dated

28.08.2011. The sum assured was Rs.10 Lakhs

4 In CC No. 29/2017 the policy number is 1273256223 dated

07.04.2013. The sum assured was Rs 10 Lakhs.

5. In CC No.30/2017 the policy number is 127352624 dated

07.04.2013. The sum assured was Rs. 10 Lakhs.

6. In CC No.31/2017 the policy number is 127325625 dated

07.04.2013. The sum assured was Rs. 10 Lakhs

7. In CC No.32/2017 the policy number is 127325638 dated

07.04.2013. The sum assured was Rs 10 Lakhs.

8. In CC No.33/2017 the policy number is 126182682 dated

28.082011. The sum assured was Rs.10 Lakhs.

9.In all the cases the case of the complainant herein was that the assured/ Deceased Life Assured in short (DLA) Mr. Rahul Jain/son of the complainant died on 10.06.2014 leaving behind his mother, his father and a nine years old minor son. The death was natural death. The deceased had paid premium of the policies regularly without ant default. She was nominee of all the polices. After death of the deceased, she applied for indemnification of assured amount.

10. The deceased/DLA had one more policy No. 126175119 for Rs.5,95,000/. The insured/OP herein indemnified/paid the amount against said policy.

11. It is alleged that however, the OP vide letter dated 12.03.2015 repudiated the claim amount in six cases under consideration on the ground that deceased was suffering from pre-existing diseased i.e. Hypothyroidism and diabetes before the inception of policy and got the treatment for the same in AIIMS New Delhi. The deceased concealed material facts.

12. It is alleged that the OP had issued claim of only a single policy of the deceased Rahul Jain and after received Rs.5.95 Lakh of the claim of one insurance policy no. 126175119 of Mr. Rahul Jain.

13. It is alleged that after receiving claim amoun