Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection – Insurance Policy – Deficiency of Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection – Insurance Policy – Deficiency of Service – A home loan was secured by the appellants for which obtaining a life insurance was a pre-requisite – Life insurance in the name of husband of the complainant (the insured, now deceased) was obtained – As per the appellants, respondent No.1-bank acting as an agent for respondent no.2-Insurance Company, on 25.07.17 sanctioned the home loan – From the disbursed loan amount, insurance premium was paid on behalf of the insured by the bank to the insurance company – The insured was subjected to medical tests on 30.07.17 as a pre-condition for securing the home loan – Died of cardiac arrest on 08.08.17 – Death of the insured was intimated to the insurance company on 16.08.17 with a request to process the insurance claim, however the claim was repudiated – Consumer complaint dismissed by State Commission – Appeal dismissed by National Commission – Held: On 30.07.17, the insured was called for medical examination and the treadmill test, did not flag any health issue – In such backdrop, the communication (an ante-dated letter) of the insurance company for postponing the life insurance coverage by six months by adverting to the treadmill test report and that too at a stage after intimation about the death of the insured, appears to be a malafide act – Moreover, the insurance company declining the policy by unilaterally refunding the insurance premium, suggests that the respondent no.2 was deficient in rendering services to the appellant – Impugned judgment set aside – Complaint allowed – Consumer Protection. Consumer Protection – Insurance policy – Presumption of acceptance of the policy by the insurer – Ratio of decision in Raja Vasireddy Komalavalli Kamba case as clarified in D. Srinivas case – Discussed. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2022 INSC 1287 |
Petitioner | Gokal Chand (d) Thr. Lrs. |
Respondent | Axis Bank Ltd. & Anr. |
SCR | [2022] 17 S.C.R. 739 |
Judgement Date | 2022-12-15 |
Case Number | 9237 |
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