Page 132 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3
P. 132

Suri’s - NCDRC ON LIFE INSURANCE 2017                    132



                       Evidence  - CPC and Evidence Act - Insured had obtained insurance pol-
                              icy by concealment of his previous ailment i.e. diabetes mellitus

                              and Palloor on the basis of the information contained in the appli-
                              cation submitted by wife of the deceased insured to the Deputy

                              Commissioner Fatehabad and the attested copy of the record of

                              the treatment of the deceased at General Hospital Fatehabad duly
                              attested  by  the  doctor  -  Contention  that  State  Commission  has

                              committed  a  grave  error  on  relying  upon  the  information  con-

                              tained  in  the  aforesaid  documents  ignoring  the  fact  that  copies
                              placed on record were not properly proved - As per the scheme of

                              the Consumer Protection Act, the consumer disputes are to be de-
                              cided  summarily  -   Therefore,  technical  rules  of  CPC  and  Evi-

                              dence Act are not applicable to the consumer cases provided the
                              principles of natural  justice are followed -  Otherwise also, origi-

                              nal of Ex. R-4 was submitted by wife of the deceased to the Dep-

                              uty Commissioner Fatehabad.  ...101
                       Evidence  - Lab reports – Letter of doctor that no treatment given by him

                              - Survey report - Lab report placed on file that it was done on the
                              reference of Dr K, the same doctor who had first issued the cer-

                              tificate on 18.06.2010 that LA was under his treatment  -  In the
                              affidavit filed on behalf of the OP nos. 1 and 2 they have submit-

                              ted that the complaint was repudiated and the intimation sent to

                              the  complainant  on  12.07.2010  -  The  petitioner/  complainant
                              kept silent till 2011 and thereafter issued a legal notice. The peti-

                              tioner thus kept silent for 11 months after repudiation and got is-

                              sued the notice obtained the second letter from the doctor after a




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