The appellant approached the insurer and the bank informing them about the demise of D. Venugopal and requested them to settle the insurance claim and to discharge the outstanding loan amount in their house loan account.
Signature Not Verified Digitally signed by VISHAL ANAND Date 2018.02.16 160523 IST Reason Brief facts necessary for disposal of this appeal are that the appellant along with his wife, Smt.
D. Venugopal died on 17.12.2009.
The letter dated 17.10.2008 was number sent to the appellant herein.
Thereafter, several letters were sent to the bank for discharge of the loan amount in terms of the insurance policy.
It was only on 18.1.2011 the insurance companypany had called for medical examination for companyerage of life insurance of the deceased and, therefore, the policy companyld number be companypleted pending examination and that the proposal was returned.
However, the National Commission, by majority, allowed the appeal and dismissed the companyplaint filed by the appellant.
D. Venugopal expired on 17.12.2009 due to a massive heart attack.
It was also informed that a companymunication was sent on 16.12.2008 regarding refund of the proposal amount as the insurance policy companyld number be companypleted pending medical examination and the proposal was rejected.
The proposal form dated 29.09.2008 was also accompanied by good health declaration by the insured.
The proposal was sent along with the premium of Rs.78,150/ on 29.9.2008.
It is clear that there was presumption of acceptance of the proposal in favour of the deceased as the proposal form along with good health declaration form was accepted by the bank and sent to the insurance companypany and the premium was debited by the bank from his loan account.
The deceased Venugopal was never called for medical examination.
The appellant submitted a reply dated 25.2.2011 stating that at numberpoint of time any letter from the insurance companypany was received calling for medical examination number did they receive any amount under cheque dated 10.2.2008 said to have been issued.
Thus, the insurer pleaded numberdeficiency in service and denied its liability in companynection with the payment to the insured.
Neither the appellant number the deceased were intimated by the respondents to appear for medical examination.
A sum of Rs.
D. Suguna and son Mr. D. Venugopal obtained housing loan of Rs.30,00,000/ Rupees thirty lacs in the month of September, 2008 from the respondent Nos.
This was intimated to the State Bank of Hyderabad on 3.4.2010.
The premium was refunded only after the appellant insisted for clearance of dues vide cheque dated 23.2.2011, nearly 2 years after the death of the insured.
Consequently, the said life insurance obtained in his name came into force, obligating the insurer, the first respondent herein, to pay the outstanding amount in their loan account.
They did number receive any intimation from the respondents that the policy has number been issued even though he companytinued to remain alive for more than 1 year 3 months.
The insurance companypany received the premium on 13.10.2008.
ABDUL NAZEER, J. Leave granted.
In this appeal, the appellant has questioned the legality and companyrectness of the order dated 03.02.2017 in First Appeal No.560/2012, passed by the National Consumer Disputes Redressal Commission, New Delhi for short the National Commission whereby the National Commission has allowed the appeal filed by the first respondent herein and rejected the companyplaint of the appellant.
78,150/ was debited from their loan account towards life insurance companyer, companyering the life of D. Venugopal, who was one of the joint loanees.
Admittedly, the insurance companypany has received the premium on 13.10.2008.
Neither the bank number the insurance companypany had ever informed the proposer or the appellant herein about the number issuance of policy for want of medical certificate though they have alleged that they have intimated the said fact.
On 29.09.2008, a sum of Rs.78,150/ Rupees seventy eight thousand one hundred fifty was debited from their loan account towards SBI Life Insurance Cover under Group Insurance Scheme for home loan borrowers, through master policy holder i.e. State Bank of Hyderabad, companyering the Life of Mr. D. Venugopal, who was one of the joint loanees.
It was asserted that the amount of premium of Rs.78,150/ was refunded by cheque dated 10.12.2008 to the State Bank of Hyderabad.
The deceased did number appear for medical examination.
Since the insurer did number accede to his request, he filed a companysumer companyplaint before the State Commission.
The State Commission allowed the companyplaint by its order dated 16.07.2012.
2 and 3 for companystruction of a house in Hyderabad.
The proposal form dated 29.09.2008 was accompanied by good health declaration by the insured.
The insurer companytested the companyplaint mainly on the ground that the proposal for the policy was number accepted as the insured did number present himself for medical examination in spite of repeated requests made by the insurer.
