CHOTI DEVI vs LIC OF INDIA & ORS.

This revision petition has been filed by the petitioner against order dated 17-04-2009 passed by the learned State Consumer Disputes Redressal Commission, Haryana (in short, ''the State Commission'') in Appeal No. 1994/2003 - LIC of India & Ors. Vs. Choti Devi, by which while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.

Brief facts of the case are that complainant/petitioner''s husband Sadik Ali Khan obtained two insurance policies of Rs.50,000/- and Rs.1,00,000/- from opposite party/respondent. Insured died on 12-01-1998 and complainant submitted claim before opposite party. Opposite party repudiated claim on the ground that due to non-payment of premium policy lapsed, which were revived by insured on 06-01-1998 wherein insured did not disclose his previous disease and treatment. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that claim was rightly repudiated on account of deliberate mis-statement and withholding material information about his health at

the time of revival of lapsed policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay sum insured with interest. Opposite party filed appeal before State Commission and learned State Commission vide impugned order allowed appeal and dismissed complaint as barred by limitation, against which this revision petition has been filed.

Heard learned counsel for the parties and perused record.

Learned counsel for the petitioner submitted that inspite of condonation of delay in filing complaint by District Forum, learned State Commission committed error in dismissing complaint as barred by limitation, hence revision petition be allowed and impugned order be set aside. On the other hand, learned counsel for the respondent submitted that delay was not condoned by District Forum and order passed by learned State Commission is in accordance with law, hence revision petition be dismissed.

Learned counsel for the parties have drawn my attention towards order sheet of District Forum. On 18-06-2001 matter was adjourned for arguments on the point of limitation. On 28-06-2001 without expressing any opinion on the merits of the case District Forum relied on statement of the counsel and complaint was registered and notices were issued to the opposite party. Learned counsel for the petitioner submitted that though by order dated 28-06-2001 delay was condoned but by inadvertence, in so many words, delay condoned in filing complaint has not been mentioned. Perusal of this order sheet depicts that by this order delay in filing complaint has not been condoned. Opposite party in its written statement has taken specific plea that complaint was barred by limitation. Learned District Forum did not consider this aspect and allowed complaint whereas learned State Commission vide impugned order treated complaint as barred by limitation and dismissed complaint.

Even if I take that by order dated 28-06-2001 District Forum was of the view that delay in complaint should be condoned, in so many words, delay has not been condoned. Admittedly, delay in filing complaint has not been condoned after hearing opposite party. In such circumstances it would be appropriate to remand the matter to District Forum to decide application for condonation of delay in filing complaint after hearing both the parties and to decide complaint afresh and aggrieved party will be free to approach State Commission.

Consequently, revision petition filed by the petitioner is allowed and order dated 17-04-2009 passed by learned State Commission in Appeal No. 1994/2003 - LIC of India & Ors. Vs. Choti Devi and order of District Forum dated 18-07-2003 passed in Complaint No. 212/2001 - Chhoti Devi Vs. LIC & Ors.. is set aside and mater is remanded back to District Forum to decide objection regarding condonation of delay in filing complaint afresh and to decide complaint afresh after giving an opportunity of being heard to both the parties.

Parties are directed to appear before District Forum on 10.04.2015.