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AHMEDABAD - Gbic.co.in

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not also availed option of cancellation of policy dur<strong>in</strong>g the free look periodi.e. 15 days from the date of receipt of the policy document, hence weare unable to refund the premium as per the policy <strong>co</strong>nditions.FINDINGS & CONCLUSIONS:-There is no doubt that the policy no. 0091300248 issued under Unit Ga<strong>in</strong>for Rs. 25000/- for 20 years term. It is a known fact that proposal formare be<strong>in</strong>g filled <strong>in</strong> by the agents only and only signature are be<strong>in</strong>gobta<strong>in</strong>ed of the policy holder. The Q. No. 5, premium frequency <strong>co</strong>lumnis also misguid<strong>in</strong>g. It is also difficult to <strong>co</strong>nv<strong>in</strong>ce that a person hav<strong>in</strong>g<strong>in</strong><strong>co</strong>me of only 1,30,000/- p.a. and hav<strong>in</strong>g a liability of 06 familymembers, can pay annual premium of Rs. 25000/-for 20 years whichproves that it is a mis-representation of facts for the personal <strong>in</strong>terest.The <strong>in</strong>surance is a <strong>co</strong>ntract of utmost good faith. Both the parties areexpected to reveal the facts only. Any mis-representation of facts oneither side vitiates the <strong>co</strong>ntract ab-<strong>in</strong>itio.In view of the above for the sake of equity and justice the respondent isdirected to cancel the policy and refund full amount of premium i.e. Rs.25,000/- with <strong>in</strong>terest @ 9% p.a. from the date of receipt to till the dateof payment with<strong>in</strong> 15 days from the date of receipt of this order.

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