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FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
First Appeal No.570 of 2019
Date of Institution : 29.08.2019
Date of Reserve : 04.03.2021
Date of Decision : 26.03.2021
1) Reliance Nippon Life Insurance Company Limited (Formally
known as Reliance Life Insurance Company Limited),
Registered Office at H-Block, 1st Floor, Dhirubhai Ambani
Knowledge City, Navi Mumbai, Maharashtra-400710.
2) Reliance Nippon Life Insurance Company Limited (Formally
known as Reliance Life Insurance Company Limited), 9th
Floor, R-Tech Park, Nirlon Compound, Goregaon (East)
Mumbai-400063, both through their Authorized Signatory
Amit
Rana,
Branch
Manager,
Reliance
Nippon
Life
Insurance, Available at SCO 123-124, Third Floor, Above
Reliance Jewels, Sector 17-C, Chandigarh-160017.
…..Appellants/Opposite Parties
Versus
Sukhchain Singh aged about 25 years S/o late Sh.Gurdev Singh
S/o Sh.Balbir Singh, resident of House No.168, village Acchewala,
Tehsil & District Ferozepur-152005.
….Respondent/complainant
First Appeal against the order dated
05.07.2019 of the District Consumer
Disputes
Redressal
Forum
(now
‘Commission’) Ferozepur.
Quorum:-
Mr.Rajinder Kumar Goyal, Presiding Member
Mrs.Kiran Sibal, Member
Present:-
For the appellant
: Sh.Sanjeev Goyal, Advocate
For the respondent : Sh.P.K.Bansal, Advocate
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
This appeal has been preferred against the order dated
05.07.2019 passed by District Consumer Disputes Redressal
Forum, Ferozepur (now in short, “the District Commission”),
First Appeal No 570 of 2019
2
whereby the complaint filed by the complainant under Section 12 of
the Consumer Protection Act, 1986 (in short ‘the Act’), was allowed
with Rs.5,000/- as consolidated compensation for mental agony,
pain and harassment as well as litigation expenses. The opposite
parties were further directed to pay Rs.5,33,510/- as insurance
claim to the complainant along with interest at the rate of 8% per
annum from filing of the complaint till realization.
It would be apposite to mention that hereinafter the parties
will be referred, as have been arrayed before the District
Commission.
Facts of the Complaint
2. Brief facts, as averred in the complaint are that S.Gurdev
Singh, father of the complainant was holder of Life Insurance Policy
bearing Policy No.52235609 issued by opposite party No.1. A
premium of Rs.55,218.28p was paid by the complainant against the
Insurance Policy in the month of May, 2015. The father of the
complainant expired on 26.06.2015 leaving behind the complainant
as his real son. The complainant lodged the insurance claim with
the opposite parties and submitted all the relevant documents and
completed all the mandatory formalities as per the directions of
opposite party No.2. However, the opposite parties has wrongly
repudiated the claim of the complainant vide letter dated
30.08.2016 on the ground that ‘there was an active concealment of
material fact that the life assured, Mr. Gurdev Singh, was
hospitalized in March, 2014 and was diagnosed with Renal Failure.’
It was further averred that no such fact as alleged was concealed
First Appeal No 570 of 2019
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by the insured during his lifetime. Neither S.Gurdev Singh ever
remained admitted in any such hospital in the year 2014 nor ever
there was any record of any such Hospital, nor any such document
has been shown or supplied by the opposite parties. Further
submitted that in the month of May, 2015, representatives of the
opposite parties got conducted medical checkup of insured Gurdev
Singh through opposite parties authorized Doctors and as such,
question of concealing any fact while purchasing Policy dated
30.05.2015 does not arise. The claim of the complainant has been
wrongly repudiated by the opposite parties. There is no violation of
any policy conditions as alleged by the opposite parties. Allegin
