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2025 Supreme(Online)(SCDRC) 31670

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
LIC OF INDIA – Appellant
Versus
SMT. AMRESH – Respondent
SC/7/A/153/2023



Petitioner Advocates:BIJU GEORGE ,Respondent Advocate:

IN THE DELHI STATE CONSUMER DISPUTESREDRESSAL COMMISSION Date of Institution: 15.04.2023 Date of hearing: 04.09.2025 Date of Decision: 15.10.2025 FIRST APPEAL NO.-153/2023 IN THE MATTER OF LIFE INSURANCE CORPORATION OF INDIA DELHI DIVISIONAL OFFICE-II TH

9 FLOOR, SCOPE MINAR, LAXMI NAGAR, NEW DELHI-110092 THROUGH MANAGER, L&HPF, LIC OF INDIA, DIVSIONAL OFFICE, JEEVAN PRAKASH BUILDING

25 KASTURBA GANDHI MARG, NEW DELHI 110001 (Through: Mr. Anoop K. Kaushal, Advocate)

…Appellant VERSUS SMT. AMRESH W/O LT. SH. RAJINDER PRASAD MANISHI R/O 12/289, KALYANPURI, DELHI-92 (Through: Mr. Kaushal Kr. Singh & Pradeep Kr. Pathak, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present : Mr. Anoop K. Kaushal, Counsel for the appellant appeared through VC (Enrl. No. D-805/1988, Mobile: 9811572160, Email: anoopkaushal@gmail.com)

appeared through VC Respondent in person (Mobile: 9871190613)

Mr. Pradeep Kumar Pathak, Counsel for the respondent (Enrl. No. D/1263/2013, Mobile: 7503669226, Email:

pathak6pathak@gmail.com) appeared through VC PER :HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

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

“The present complaint is filed by the complainant against the OP for repudiation of LIC claim of her husband's life insurance policies along with compensation for causing harassment and mental agony and litigation cost.

1. It is the case of the complainant that her late husband was insured by OP and had three insurance policies bearing number 124782424 dated 27.04.2008 for the sum assured of Rs.2,50,000/-; 125493158 dated 10.07.2012 for the sum assured of Rs. 1,87,500/-; and 126629242 dated 19.08.2013 for the sum assured of Rs.2.00.000/, Annexure CWI/ B (colly). It is submitted by the complainant that her husband, was admitted on 01.08.2014 in Max Super Specialty Hospital, Delhi for treatment and during the treatment on 03.08.2014, he died. The information about the death of her husband was duly conveyed to the OP along with all relevant documents which were required for the settlement of the claim in relation of the insurance policies amount. The complainant submits that the OP has refused to pay the death claim of the complainant on the ground of concealment of the material facts by the insured i.e. the husband of the complainant, at the time of purchasing the above stated insurance policies. The copy of the reply to the claim dated 09.05.2015 regarding policy bearing number 125493158, and 126629242, dated 30.11.2015 & regarding policy bearing number 124782424 are Annexure CW1/C. Complainant further submits that the policies in question had been purchased by the husband of the complainant after necessary verification by the OP. The Complainant protested against the repudiation and requested the officials of OP for settlement of her claim but the same was also rejected. The complainant states that she has suffered mental pain and agony due to negligence of the OP towards non-payment of the policies amount, and praying for release of the same along with compensation and litigation cost. The complainant has relied upon the judgement of Hon'ble SCDRC, Delhi in Oriental insurance Company Limited versus Romesh Suri and another and also, Hon'ble NCDRC in Life Insurance Corp. of India Vs Jaswinder Kaur dated

05.08.2019.

2. OP has filed its reply admitting the issuance policies but stated that present complaint is not maintainable as there is no deficiency in service of any kind on the part of OP as the complainant has not approached this Commission with clean hands and has suppressed the true and material facts having mural fide intention and ulterior motives on her part to achieve her illegal goal and to extract money from the OP, without having any legal right since the policyholder/insured, in his life time, suppressed the true and material facts regarding his ill-health from the OP at the time of taking the policies in q

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