Haryana

Kurukshetra

CC/152/2021

Narni Devi Widow Of LtLaxmi Kant - Complainant(s)

Versus

Aditya Birla Insurance - Opp.Party(s)

Rishipal

22 May 2024

ORDER

DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, KURUKSHETRA

 

                                              Complaint No. 152  of 2021

Date of institution: 21.05.2021

                                Date of decision:     22.05.2024

 

 

Narni Devi widow of Late Shri Laxmi Kant S/o Shri Jai Ram resident of Village Mirchaheri, Tehsil Babain, District Kuruksehtra. Mobile No.9050518745.                                                                                

                                                                        ...Complainant

                                           Versus

1.     Aditya Birla Sun Life Insurance Company Ltd. G Corp. Tech Park, 5^th & 6^th Floor, Kesar Wadavali, Ghodbunder Road, Thane-400604, through its Manager/Executive Officer.

2.     Aditya Birla Sun Life Insurance Company Ltd., Office working at SCO 33, 2^nd Floor, City Center, Sector-17, Kurukshetra, through its Manager.

3.     Shish Pal son of Shri Jag Pal resident of Village Falsanda, Tehsil Babain, District  Kurukshetra, (Authorized Agent/ Advisor of Aditya Birla Sun Life Insurance Company Ltd.)

…Opposite Party                                

Complaint under Section 35 of Consumer Protection Act 2019.

 

                

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Ashish Goyal, Advocate for the OPs No. 1 & 2.

                        Shri R.K. Saini, Advocate for the OP No.3.

 

• :     

 

                          Briefly stated, it is the case of the complainant that being advertisement of the OPs company and being allured by the OP No.3, her husband obtained Life Insurance Policy and OP No.3 obtained the signature of her husband on some blank papers on 25/09/2020 by assuring that they will submit all the documents signed by him with Aditya Birla Sun Life Insurance Company Ltd..  The husband of the complainant hand over of Rs.52,250/- to the OP No.3 in cash and OP No.3 further assured her husband that he will be received the life insurance policy within a period of two week.  On believing the words of OP No.3, her husband purchased Life Insurance Policy No. 008296151 dated 30.09.02020 with paying the premium of Rs.52,500/-.  The total sum assured of the policy is Rs.7,50,000/-.  Thereafter, the complainant further averred that on 05.01.2021, her husband died by natural death on his premises. The complainant informed regarding the death of her husband to the OPs. Thereafter, on 08.02.2021, the complainant along with OP No.3 visited the office of OP No.2 and OP No.3 had taken the signature of her on claim form along with some necessary documents by assuring that the claim amount will be NEFT in her bank account No.81290100045570m Haryana Gramin Bank, Bhagwanpur (KKR) within 10 days.  The complainant visited several times to the OP No.2, but all in vain. At last, A Legal Notice dated 24.03.2021 to the OPs, but it did not any fruitful result. 

2.             Upon notice, Shri Ashish Goyal, Advocate appeared on behalf of the OPs No. 1 & 2 and filed joint written statement while taking the preliminary objections with respect  to the cause of action, locus standi, and maintainability etc. controverted all the material assertion of the complainant and contended specifically by pleading  inter-alia that the husband of the complainant had applied for issuance of policy with a sum assured amount of Rs.8,50,000/- vide policy No.008296151 dated 30.09.2020.  The OPs No 1 & 2 further contended that they are very well known about the demise of the husband of the complainant prior to the receiving the legal notice, however, no death claim intimation has been served upon the OPs and therefore, they sent to the official reply dated 12.4.2021,wherein appraising the complainant to submit the death claim along with other requisite documents with the nearest branch of the OP company so as to enable the OP company to process the death claim and for conducting necessary investigation but the complainant without complying the due formalities so accrued on its part has straight away rush to this Commission, which on the face of it is highly premature one.

3.             The OP No. 3  in its written statement contended that the complainant made concocted story against the OP No.3.  The OP No.3 further contended that he has never visited the Office of the OP No.2 with complainant for deposit of documents

4.             In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C14 and closed evidence on 26.01.2022.  On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A and document Ex.R1 to R5 and closed evidence on 30.01.2023.

5.             We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.  

6.             Shri Rishi Pal, counsel of the complainant argued that complainant’s husband obtained Life Insurance Policy and OP No.3 obtained the signature of Laxmi Kant on some blank papers on 25/09/2020 by assuring that they will submit all the documents signed by him with Aditya Birla Sun Life Insurance Company Ltd..  The counsel of the complainant further argued that Laxmi hand over of Rs.52,250/- to the OP No.3 in cash and OP No.3 further assured her husband that he will be received the life insurance policy within a period of two week.  On believing the words of OP No.3, Laxmi Kant purchased Life Insurance Policy No. 008296151 dated 30.09.02020 with paying the premium of Rs.52,500/-.  The total sum assured of the policy is Rs.7,50,000/-.  Thereafter, the counsel of the complainant further argued that on 05.01.2021, the complainant’s husband died by natural death on his premises. The complainant informed regarding the death of her husband to the OPs. Thereafter, on 08.02.2021, the complainant along with OP No.3 visited the office of OP No.2 and OP No.3 had taken the signature of her on claim form along with some necessary documents by assuring that the claim amount will be NEFT in her bank account No.81290100045570m Haryana Gramin Bank, Bhagwanpur (KKR) within 10 days. 

7.             Shri Ashish Goyal, counsel of the Ops No. 1 & 2 and Shri R.K. Saini, counsel of the OP No.3 has argued that No death claim intimation was served upon the OPs company.  No claim amount was given to the complainant. Counsels for the OPs further argued that mere making payment of premium amount under the policy does not suo moto creates an entitlement of the nominee to get the sum assured amount and as per policy contract very claim under the policy were to be adjudged in the light of the policy provisions. 

8.             Nowhere the counsel for the Ops has pointed out any defect, illegality in the demand of insurance claim, hence, in view of the aforesaid discussion, the complaint is accepted with costs and OPs are directed to pay an amount of Rs.7,50,000/- along with 9% penal interest w.e.f. 08.01.2021 i.e. intimation of death of deceased was conveyed to OPs till fully payment to the complainant.  The complaint is accepted with costs which is assessed Rs.11,000/-.

9.             In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 22.05.2024

                                                      (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

 

(Neelam)                (Ramesh Kumar)

Member                   Member