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K.Navlakha
A/14/1209
Page 1 of 14
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE AHMEDABAD.
COURT NO: 03
APPEAL NO. 1209 of 2014
Life Insurance Corporation of India
Through its Ahmedabad Division Office,
At “Jivan Prakash”,
Tilak Road, P.B. No. 277,
Ahmedabad- 380 001. ...Appellant.
V.s
1. Hetalben Ashwinbhai Patel,
2. Minor Harsh Ashwinbhai Patel,
(No. 2 being minor represented through no.1-mother)
Both Residing at 160, Om Shree Sai Jalaram Society,
Patel Nagar, Opposite Police Chowky,
Udhna, Surat. ...Respondents.
=============================================================
BEFORE: Mr. I. D. Patel, Judicial Member
APPERANCE: Mr. M. J. Shelat L.A. for the appellant,
Mr. Heta Shah L.A. for the respondent.
==============================================================
ORDER BY Mr. I. D. PATEL, JUDICIAL MEMBER.
JUDGMENT
1. The appellant original respondent No. 1 has preferred the present appeal
as per the provisions of Section 15 of the Consumer Protection Act 1986
against the impugned judgment and order of additional Case No.
639/11 passed by Ld. Consumer Disputes Redressal Forum, Surat
(Additional), dated 30.12.2013 on the ground stated in appeal memo.
The appellant is the original opponents whereas the respondents are the
original complainant.
2. The brief facts of the complainant before the Ld. District Forum, Surat
(Additional), are that the husband of the complainant No. 1 Hetalben
Ashwinbhai Patel namely Ashwinbhai Patel had taken Life Insurance
Details
DD MM YY
Date of disposal 15
12
2022
Date of filing
13
05
2014
Duration
02
06
08
K.Navlakha
A/14/1209
Page 2 of 14
Policy of sum assured of Rs. 7,50,000/- from the opponent Insurance
Corporation of India dated 19.06.2010 and the said Policy commences
from 15.04.2010. It is further, the case of the complainant that on
28.12.2010 on account of Abdominal pain and Respiratory problem the
deceased Ashwinbhai admitted in Vrunda Hospital Pvt. Ltd. where
during the course of his medical examination he was a diagnosed of
Hepatocelluco
Carconina
and
thereafter,
deceased
Ashwinbhai
discharge from the Hospital on 03.01.2011 and thereafter on
05.01.2011 Ashwinbhai died on account of the said illness. Therefore,
the complainant No. 1 being a nomine of the Policy in question lodged
the claim with the Life Insurance Corporation of India for getting the
sum assured of the said Policy of his Husband but the Insurance
Company has repudiated the claim of the deceased Ashwinbhai vide
letter dated 31.03,2011 on the ground that deceased ashwinbhai
suppress the material information regarding kidney Transplant in his
proposal form therefore, the complainants filed the complaint as per
provision of the Consumer Protection Act being the additional Case No.
639/11 before the Ld. Consumer Disputes Redressal Forum, Surat
(Additional), against the Life Insurance Corporation of India.
3. That the Ld. Consumer Disputes Redressal Forum, issued notice to the
opponent Life Insurance Corporation of India in the said case whereby
in pursuance of the said notice Life Insurance Corporation of India has
appeared and filed the detail reply whereby Life Insurance Corporation
of India denied all the facts stated in the complaint and more
particularly denied the deficiency in service and unfair trade practice on
the part of the LIC. Furthermore, Life Insurance Co. of India has also
contended in their reply that the Insurance Company had repudiated
the claim of DLA Ashwinbhai on the ground of suppression of material
fact in the proposal form and more particularly suppression of the
Kidney Transplant
