Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 28
Instituted on : 16.01.2019
Decided on : 23.04.2024.
- Kusum age 36 years, w/o Late Sh. Roshan Lal s/o Sh. Ami Chand.
- Gourav age 27 years s/o Late Sh. Roshan Lal.
- Sourav age 15 years s/o Late Sh. Roshan Lal.
All r/o village KheraintiTeh. Meham, Distt. Rohtak.
..............Complainants.
Vs.
- Axis Bank Limited CharkhiDadri, Ground floor, near Bus stand Distt. CharkhiDadri,(Haryana).
- The New India Assurance Co. Ltd., Delhi Road D-park Rohtak through its DM Rohtak.
……….respondents/opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.DevratDalal, Advocate for the complainant.
Ms.LoveleenN.Gupta, Advocate for the opposite party No.1.
Sh.D.S.Chauhan, Advocate for the opposite party No.2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainants are thathusband of complainant no.1 was having saving account with the respondent no.1 and was also having a VISA Platinum debit card bearing no. 4691970003528098 which was insured with the respondent no.2. The above said debit card was valid from April 2017 to March 2022. As per policy, in case of accidental death of Roshan Lal his legal heirs will get Rs.5 lakhs as compensation. On 19.05.2018 said Roshan Lal met with an accident and had died. After his death, complainants submitted all the documents to opposite party No.1 and respondent no.1 forwarded the same to the opposite party no.2. But the opposite party no.2 rejected the claim of the complainants on the ground of non submission of claim documents as per the SLA. Whereas the complainant had submitted all the documents which were asked by the respondent no.1.The act and conduct of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to disburse the insured amount of Rs.500000/-, Rs.25000/- as litigation expenses and Rs.50000/- for the harassment alongwith interest to the complainants.
2. After registration of complaint, noticeswere issued to the opposite parties. Opposite party No.1 in preliminary objections of its reply has submitted that opposite party has not provided any service to the complainant and the contract of insurance is between opposite party No.2 and the complainant. On merits, it is denied that the complainant has submitted all the documents with the bank i.e. respondent no.1. In fact, the complainants have not submitted any document with the opposite party and as such there was no question of forwarding the same to the respondent no.2. The complainants have failed to submit the required documents. The opposite party has no concern with rejection of claim of complainants. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Opposite partyNo.2 in its reply has submitted that neither the complainant nor the Axis bank limited have supplied any documents duly signed by the complainant such as attested copy of driving license in case of road accident, FIR, original claim form etc. to the opposite party no.2 . It is further submitted that the claim of the complainants does not fulfil the policy terms and conditions and the claim was not lodged in time alongwith the documents as per policy terms and conditions. Hence the complainant is not entitled for any relief. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
4. Ld. Counsel for the complainants in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on dated 22.10.2021. Ld. Counsel for the opposite party No.1 has tendered affidavit Ex.RW1/A and closed his evidence on 16.06.2022. Ld. Counsel for the opposite party No.2 has tendered affidavit Ex. RW2/A, documents Ex.R1 to Ex.R3 and closed his evidence on 08.09.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case the contention of the opposite parties is that the required documents have not been submitted by the complainants with the insurance company. As per affidavit Ex.RW1/A filed by respondent no.1, it is mentioned that documents have not been submitted by the complainant. As per claim rejection letter Ex.R3, the reason of repudiation has been mentioned as :
“The above claim is rejected on the grounds of non submission of claim documents as per SLA. However the competent authority reserves the right for the repudiation of the said claim”. Meaning thereby the claim has been rejected for want of documents.
7. In view of the facts and circumstances of the case we hereby dispose of the present complaint with direction to the complainants to submit the required documents as mentioned in the affidavit Ex.RW2/A filed by the insurance company i.e. driving licence, FIR, original claim form and other required documents etc. alongwith policy documents to the opposite party no.1 as well as to opposite party No.2 within 15 days. Opposite party no.1 is also directed to send the proof of premium paid by the deceased or policy number to the opposite party no.2 and thereafter opposite party No.2 will settle the claim of the complainant within 45 days as per terms and conditions of the policy. It is made clear that if the complainant is not satisfied with the decision of the opposite party No.2, in that situation they have liberty to file the complaint afresh before this Commission on the same cause of action. However, the complainant may seek exemption/condonation of delay under section 14 (2) of the Limitation Act for the period during which the proceedings remained pending before this Consumer Commission.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
23.04.2024.
........................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
……………………………….
Vijender Singh, Member
