BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 155/2021 AGAINST ORDERS IN CC. No.175/2019 ON THE FILE OF DISTRICT FORUM-II, HYDERABAD Between :

1. M/s. HDFC Standard Life Insurance Co., Ltd., Rep. by its Manager, 1 to 62, 3rd Floor, Asoka RaghuPathi Chambers, Begumpet, Hyderabad, Telangana-500034.

.….Appellants/opposite party No.2

2. M/s. HDFC Standard Life Insurance Co., Ltd., Rep. by its Manager, Corporate & Registered office, Lodha Excellus, 13th Floor, Apollo Mills Compound, NM Joshi Marg, Mahalaxmi, Mumbai-400 011.

.….Appellants/opposite party No.3

3. HDFC Standard Life Inusrance Co., Ltd., Represented by its Manager, 5th Floor, IFLS Financial center, Plot No.C-22, G-Block, Babdra Kurla Complex, Bandra East, Mumbai East i-400 051, Maharashtra.

.….Appellants/opposite party No.4 And

1. Pandramishi Leelavathi W/o. Late Krishna, Aged about 59 years, Occ: Household, R/o. Plot No.8, Brundhavan Colony, Backside Petrol Pump, old Safilguda, Secunderabad, Telangana-500047.

……….Respondent No.1/Complainant 2. M/s. India Bulls Housing Finance, Rep. by its Branch Credit Manager, Kukatpally Branch office, MIG 229, Second Floor, Bhavani Plaza, above Bata Showroom, KPHB Main Road, Kukatpally, Hyderabad, Telangana-500 072.

……….Respondent No.1/opposite party No.1 Counsel for the Appellants : M/s. TP Ravi Shanker Sri Rajan Sri Krishnan Counsel for the Respondent No.1 : Sri K. Karunakar Counsel for the Respondent No.2 : Paper Publication filed QUORUM: HON’BLE SMT MEENA RAMANATHAN, MEMBER – (NJ)

&

HON’BLE SRI K.RANGA RAO, MEMBER – (J)

MONDAY , THE 9^TH DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order : (Per HON’BLE SRI K.RANGA RAO, MEMBER – (J).

1. This appeal is filed by the Appellants/opposite party no.2 U/s.41 of the Consumer Protection Act 2019, praying this State Commission to set aside the impugned order of the District Forum-II, Hyderabad passed in CC.

No. 175/2019 dt.12.01.2021 and consequently to dismiss the complaint.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The appellants herein was opposite parties and Respondent was the complainant in the complaint bearing No.CC .175/2019 before the District Forum-II Hyderabad.

3. The brief case of the complaint are as follows:-

The complainant is the wife of Pandramishi Krishna who died on 27-

04-2015 due to Cardio Respiratory Arrest. The husband of the complainant availed loan from the opposite party No.1 vide loan account No.HHLKUK00209996. While sanctioning the loan, the opposite party No.1 introduced the life Insurance policy of the opposite party No.2 to 4 for the said loan and the opposite party No.1 acted as an Agent. The husband of the complainant had obtained life insurance policy from the opposite party No. 2 to 4 which is called as "Life Group Credit Protect plus Insurance Plan" bearing master policy No.PPO00036, certificate number: HHLKUK00209996, product UIN: 101N096 V01 for a sum assured Rs.7,50,000/-. He paid Rs.22,995/- towards installment for the premium and the policy was commenced w.e.f. 19- 12-2014. The life assured died on 27-04-2015 due to Cardio Respiratory Arrest while the policy was in force. The complainant is the nominee for the said policy as deceased/life assured is her husband.

After death of the deceased life assured the complainant approached the opposite party No.2 and submitted all requisite claim papers claiming insured amount under the above mentioned policy which was forwarded to opposite party No.3 for consideration. The death claim submitted by the complainant was repudiated by the opposite party No.3 vide its letter dated 28th August 2015 which has been stated that "the investigations have established that the deceased life assured was suffering from Hypertension and Diabetes mellitus much prior to the policy issuance", which was not disclosed in the application dated 08-12-2014 and suppressed about the said ill-health condition. As such they decline to pay the insured a