ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 20.07.2018

Date of final hearing: 10.03.2026

Date of order: 10.03.2026

First Appeal No.941 of 2018

IN THE MATTER OF:-

Life Insurance Corporation of India, Branch Mahendergarh Road, Narnaul, through Sh. Rajeev Malhotra, Manager (L&HPF).....Appellant

Versus

Subhash Chand S/o Sh. Hanuman Singh, Resident of Village Roopad Sarai, Tehsil Nangal Chaudhary, District Mahendergarh.…..Respondent

CORAM:

SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Mr. S.C. Thatai, counsel for the appellant.

Ms. Ranjeeta Rajpal proxy counsel for Mr. Varun Gupta, counsel for the respondent.

Date of Institution: 21.08.2018

Date of final hearing: 10.03.2026

Date of order: 10.03.2026

First Appeal No.993 of 2018

IN THE MATTER OF:-

Subhash Chand S/o Sh. Hanuman Singh, Resident of Village Roopad Sarai, Tehsil Nangal Chaudhary, District Mahendergarh.....Appellant

Versus

Life Insurance Company of India, Branch Mahendergarh Road, Narnaul, through its Manager.…..Respondent

CORAM:

SH. S.P. SOOD, JUDICIAL MEMBER

SH. S.C. KAUSHIK, MEMBER

Present: Ms. Ranjeeta Rajpal proxy counsel for Mr. Varun Gupta, counsel for the appellant.

Mr. S.C. Thatai, counsel for the respondent.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER:

Delay of 02 days in filing of First Appeal No. 941 of 2018 and delay of 32 days in filing of First Appeal No. 993 of 2018 stands condoned for the reasons mentioned in their respective application seeking condonation of delay.

2. By this order; above mentioned two connected appeals are being disposed off. In both appeals; legality of order dated 13.06.2018 passed by learned District Consumer Disputes Redressal Forum, Narnaul (In short “District Commission”) in complaint case No.64 of 2017, vide which complainant’s complaint has been dismissed, has been questioned, separately.

3.Factual matrix: Complainant is resident of Village Roopad Sarai. Jagdish Chand S/o Sh. Sultan Singh, resident of Village Maurund got insured his life by obtaining ten insurance policies, all dated 11.01.2013 with sum assured of Rs.1,25,000/- each. In all these insurance policies, complainant was shown as nominee by Jagdish Chand-insured. Before getting the above said insurance policies, medical checkup of insured was carried out and he was found medically fit. Life Assured was living with the complainant from the last five years and during that period; he never disclosed any fact regarding his illness to complainant. As per knowledge of complainant life assured was not suffering from any disease. Jagdish Chand was paying the installment of premium regularly and expired on 11.05.2015. After the death of Life Assured, complainant submitted all the documents and original bond and receipts with OPs and requested to pay the insured amount under the said policies but OPs have not paid any heed to his requests. Legal notice dated 14.02.2017 was sent to OPs, which was replied by OPs on the false and manipulated grounds mentioning therein that deceased was under treatment whereas deceased life assured never remained under treatment during the period prior from January, 2013 when the policies were obtained. Complainant has requested so many times to pay the insured amount to him being nominee under the policies but the officials of the OPs have refused to pay the same. As per plea, this act of OPs constitutes deficiency in service and unfair trade practice on their part.

4. Upon notice, OP raised its contest and submitted that deceased-Life Assured Jagdish Chand had obtained ten insurance policies bearing for a sum insured of Rs.1,25,000/- each with date of commencement of policies as 11.01.2013. Deceased was not hale and hearty prior to taking the insurance policies rather he was suffering from major abdominal disease and was getting treatment from SMS Hospital, Jaipur since 21.11.2011 under Regd. No. 10111110195155 dated 21.11.2011. Deceased-life assured had suppressed the material facts about his illness regarding