Haryana

Sonipat

127/2014

PAWAN KUMAR S/O OM PARKASH - Complainant(s)

Versus

1. B.M. LIFE INSURANCE CORPORATION,,2. MANAGER LIFE INSURANCE CORPORATION - Opp.Party(s)

SANDEEP SEHRAWAT

16 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.127 of 2014

                                Instituted on:09.05.2014

                                Date of order:01.06.2015

 

Pawan Kumar son of Om Parkash, resident of village Jagsi, tehsil Gohana, distt. Sonepat.

 

…Complainant.  

Versus

 

1.Branch Manager, LIC of India, Branch Gohana, distt. Sonepat.

2.Manager, LIC of India, Mandal Karyalaya, Rohtak.

 

                                                      …Respondents.

 

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Sandeep Sehrawat Adv. for complainant.

           Sh.  RP Antil, Adv. for respondents.

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging himself to be the real son of Birmati, who had purchased life insurance policy no.179183150 on 28.6.2012 for Rs.2 lacs from the respondents.  Unfortunately, the complainant’s mother had died on 31.12.2012.  The complainant applied for the release of the claim amount and as per terms and conditions of the policy, he submitted the required documents. But the respondent no.1 without any sufficient reason refused to release the claim and ultimately, the respondents on 12.3.2014 has repudiated the claim of the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that the complainant has not given any intimation regarding the death of the life assured and he has also not submitted any required documents with the respondent.  However, it is not disputed that the deceased Birmati had taken life insurance policy bearing no.179183150 for Rs.2 lacs from the respondents.  The complaint of the complainant is pre-mature. However, the respondents are ready to decide the claim after getting original death certificate, original policy bond, form no.3783, 3784, 3816, 3785, 3788 duly completed from the complainant.  The respondents have denied the fact that they have repudiated the claim of the complainant.   Thus, it cannot be said that there is any kind of deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

          Ld. Counsel for the respondents has submitted that the complainant has not given any intimation regarding the death of the life assured and he has also not submitted any required documents with the respondent.  However, it is not disputed that the deceased Birmati had taken life insurance policy bearing no.179183150 for Rs.2 lacs from the respondents.  The complaint of the complainant is pre-mature. However, the respondents are ready to decide the claim after getting original death certificate, original policy bond, form no.3783, 3784, 3816, 3785, 3788 duly completed from the complainant.  The respondents have denied the fact that they have repudiated the claim of the complainant.   Thus, it cannot be said that there is any kind of deficiency in service on the part of the respondents.

          In our view, the ends of justice would be fully met if some directions are given to both the parties.  Accordingly, we hereby direct the complainant to complete the formalities and to submit the original death certificate, original policy bond, form no.3783, 3784, 3816, 3785, 3788 duly completed with  the respondents within a period of 30 days from the date of passing of this order. Similarly, the respondents are also directed to decide the claim case of the complainant within a period of 45 days which shall be started from the date when the complainant deposits the above mentioned documents with the respondents.

           With these observations, findings and directions, the present complaint stands disposed off.

Certified copy of this order be provided to both the

parties free of cost.
          File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:01.06.2015