IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 07.03.2019 Date of Hearing: 28.02.2025 Date of Decision: 14.05.2025 COMPLAINT NO. 258/2019 IN THE MATTER OF MRS. KANTA MEHRA, W/O. MR. BEER BHAN MEHRA, R/O. H. NO. WZ-267 G-69, SECOND FLOOR, TIHAR VILLAGE, TANDOR CHOWK, TILAK NAGAR, DELHI–110018.

(Through: Mr. Jayant Bhatt, Advocate)

…Complainant VERSUS M/S. DHFL PRAMERICA LIFE INSURANCE COMPANY LTD., REGISTERED OFFICE:

4^TH FLOOR BUILDING NO. 9, TOWER-B, CYBER CITY, DLF PHASE III, GURGAON, HARYANA–122002.

BRANCH OFFICE:

OFFICE NO. 303-303A, THIRD FLOOR, ARUNACHAL BUILDING, 19, BARAKHAMBA ROAD, NEW DELHI.

(Through: Mr. Jayant Pawar & Mr. Gopal Bansal, Advocates)

…Opposite Party CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. S.K. Gupta and Ms. Monika Devi, counsel for the Complainant.

Mr. Jayant Pawar, counsel for the Opposite Party.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The present Complaint has been filed before this Commission by the Complainant alleging deficiency in service and unfair trade practice on the part of Opposite Party and has prayed for the following reliefs:- a) Direct the Opposite Party to pay an amount of Rs. 50,00,000/-

(Fifty Lakhs Rupees Only) on Policy No. 00470290;

b) Direct the Opposite Party to pay interest rate of 12% p.a. on the sum of from 01.01.2018 till the final date of payment to the complainant;

c) Direct the Opposite Party to pay a sum Rs. 20,00,000/-

towards the damages for hardship and agony caused to the Complainant due to the conduct of the Opposite Party;

d) Direct the Opposite Party to pay a sum Rs. 5,00,000/- towards litigation costs incurred by the Complainant;

e) Pass any other such order as the Hon’ble Commission may deem fit in the present facts and circumstances of the case.

2. Brief facts necessary for the adjudication of the present complaint are that the Complainant is the mother and the nominee of the deceased Mr. Deepak Mehra, who applied for a life insurance policy with the Opposite Party and the same was provided to the deceased vide policy bearing no. 00470290 on 27.02.2017 for a base sum of Rs. 50,00,000/- (Fifty Lakhs Only). The Deceased Life Assured met with a tragic accident on 21.12.2017 and succumbed to the injuries he sustained on his head due to the accident.

Thereafter, the Complainant applied for claim of the insured sum under the insurance policy from the Opposite Party, and the Opposite Party vide its letter dated 20.09.2018, repudiated the claim of the Complainant under policy no. 01060370, stating that the Deceased Life Assured was a holder of multiple life insurance policies and had failed to disclose the same when applying for the insurance policy in question and therefore, breached the insurance contract, thus the claim of the Complainant stands repudiated. The Deceased Life Assured had availed the present insurance policy through an agent of the Opposite Party, who filled the forms and failed to ask the Deceased Life Assured whether he held other life insurance policies in his name, and therefore, the Deceased Life Assured was not aware of the requirement of disclosure of existing policies while applying for a new policy with the Opposite Party. The non-disclosure of the pre-existing life insurance policies on the part of the Deceased Life Assured was neither willful nor fraudulent. Aggrieved by the aforesaid, the Complainant has approached this Commission.

3. The Opposite Party has filed its Written Statement, denying all the contentions and allegations of the Complainant, contending that the present Complaint is not maintainable as there has been no negligence and no deficiency in service on the part of the Opposite Party. It is submitted that the present Complaint is liable to be dismissed as the Complainant had concealed having numerous other policies before applying for the instant policy in question. The counsel for the Opposite Party has submitted that th