Rajesh Bindal JUDGMENT
Vikram Nath, J.
1. Leave granted.
2. These two appeals raise a common question of law. As such they are being analogously dealt with by this common order. The challenge in both these appeals is to the orders passed by the National Consumer Disputes Redressal Commission1, New Delhi, whereby the revision filed by the Appellant has since been dismissed and the orders passed by the District Forum as also the State Commission have been affirmed holding that the Appellant is liable to pay the amount of the sum assured on the death of the assured.
3. The sole question involved in these appeals is as to what would be the date from which the policy becomes effective; whether it would be the date on which the policy is issued or the date of the commencement mentioned in the policy or it would be the date of the issuance of the deposit receipt or cover note. The District Consumer Disputes Redressal Forum2, the State Consumer Disputes Redressal Commission3 and the National Commission have proceeded on the basis that the date of issuance of the initial deposit receipt of premium is the date of commencement of the Policy and have accordingly allowed the complaint filed by the Respondent.
4. The relevant dates in both the cases are summarised hereunder:
4.1. In the appeal of Jaya Wadhwani, the quotation of Policy was issued on 14.07.2012. The proposal form was submitted by the life assured on 14.07.2012. Receipt of the Cheque dated 13.07.2012 was also issued on 14.07.2012. On 16.07.2012, the Policy was issued and at all relevant places, it was mentioned in the policy that the date of commencement of the policy would be 16.07.2012. On 15.07.2013, the life assured committed suicide.
4.2. In the appeal of Usha Soni, the date of submission of proposal form by the life assured is 26.09.2012. The date of issue of policy as also the date of commencement of policy was 28.09.2012. The date of next premium due was 28.09.2013. As the next premium was not paid, the policy lapsed. The assured paid the next premium on 25.02.2014 and the lapsed policy was reinstated from that date. On 03.06.2014, the life assured committed suicide.
5. The Clause relevant for consideration is Clause 9 of the Policy conditions and privileges and the terms and conditions mentioned therein. Clause 9 reads as follows:
9. Suicide: The Company will not pay any claim on death if the Life Assured, whether sane or insane, commits suicide within 12 months from the date of issue of this Policy or the date of any reinstatement of this Policy.
6. From the documents on record in the case of Usha Soni, we find that the first cheque was issued on 26.09.2012. The policy issuance and commencement date in the Policy is mentioned as 28.09.2012. Further, the next premium due was on 28.09.20........