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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DR. S.M. KANTIKAR, CJ, MR. DINESH SINGH, J
BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. – Appellant
Versus
DALBIR KAUR – Respondent
| Table of Content |
|---|
| 1. repudiation based on alleged non-disclosure of symptom. (Para 1 , 2 , 3 , 4) |
| 2. burden of proof regarding material non-disclosure rests with insurer. (Para 5 , 6 , 7) |
| 3. distinction between symptoms and diseases is critical in liability. (Para 8 , 12) |
| 4. symptoms cannot automatically justify repudiation without context. (Para 9 , 10 , 11) |
| 5. consumers should not face undue hardship; quick resolution mandated. (Para 13 , 14) |
| 6. insurance claims must be fairly handled; penalties for non-compliance. (Para 15) |
| 7. the final order dismisses the petition and affirms the findings of lower courts. (Para 16) |
PER DR. S. M. KANTIKAR, PRESIDING MEMBER
1. The present Revision Petition is against the impugned Order dated 11.01.2019 of the State Consumer Disputes Redressal Commission, Punjab (hereinafter “State Commission”) in First Appeal No. 392/2018, whereby the Appeal was dismissed.
2. Brief facts relevant for disposal of the case are that the Complainant took a policy from the OP - Ins. Co. for her son Kulwant Singh. She was the nominee in the said policy. The date of commencement of the policy was 12.08.2014. On maturity, the sum assured was Rs. 8,50,000/-, and in case of death of
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