Complainant Rakesh Kumar through the present complaint filed U/s 12 of the Consumer Protection Act 1986 (hereinafter, called the Act) has prayed for issuance of necessary directions to the opposite parties to make the payment of Insurance Claim of Rs.4,75,000/- on account of death of his father i.e. deceased Rattan Lal alongwith interest accrued thereupon from the date of due till its actual realization, in his favour on account of mental and physical harassment suffered by him. Opposite parties be further directed to pay Rs.50,000/- as compensation alongwith litigation expenses and interest @ 18% per annum from the date of due till its actual realization, in the interest of justice.
2. The case of the complainant in brief is that his father namely Rattan Lal was hale and hearty. He was possessing good health and physique. He obtained a policy bearing No.0286093217 “On the life of Self” for sum assured Rs.4,75,000/- and it was commenced from 21.11.2012 and the policy term was of 13 years. He had deposited a single premium amount of Rs.95,000/- on 10.11.2012 with the opposite parties. He has nominated his son i.e. complainant in the said policy. Unfortunately, on 22.11.2012 i.e. one day after the commencement of the policy, Sh.Rattan Lal had expired and on the same day also he has also been got falsely implicated by the Police of Police Station Civil Lines Batala in a case bearing F.I.R. No.325 dated 22.11.2012 under sections 22/29-61-85 of N.D.P.S. Act. 1985. He remained faced the prosecution in the said criminal case and he was acquitted by the Ld.Court of Sh.Ranjan Kumar Khullar, Addl. Session Judge-cum-Judge, Special Court, Gurdaspur vide its judgment dated 21.11.2016. After his acquittal from the said criminal case, he has approached to the opposite parties with the request to make the payment of insurance claim amounting to Rs.4,75,000/- on account of death of his father but the opposite parties always kept the matter pending with one pretext or the other and used to make lame excuses. He has again approached to the opposite party no.1 with the request to make the payment of insurance claim alongwith interest accrued thereupon, but the opposite parties have flatly refused to admit the legal and his genuine claim. Due to the illegal act and conduct of the opposite parties, he has suffered great loss and also suffered mental harassment, so there is clear cut deficiency in service on the part of the opposite parties. Hence this complaint.
3. Notice issued to the opposite parties had not been received back. Case called several times but none had come present on behalf of opposite parties. Hence, opposite parties were proceeded against exparte vide order dated 15.1.2018.
4. Complainant tendered into evidence his own affidavit Ex.CW-1/A alongwith other documents Ex.C1 to Ex.C6 and closed the evidence.
5. We have heard the counsel for complainant who has argued that father of complainant Rattan Lal paid Rs.95,000/- on 10.11.2012 as single Premium for policy bearing No.0286093217 “on the life of self”. The policy commenced from 21.11.2012 and the term of policy was to complete on 20.11.2025 and the total sum assured was Rs.4,75,000/-. The complainant was appointed as nominee in the said policy. And unfortunately on 22.11.2012 i.e. only one day after the commencement of the policy, the father of complainant expired and as complainant was also got implicated by police under N.D.P.S. Act, 1985. The complainant was unable to take any action about filing of claim of Insurance Policy. Later on, as the complainant was acquitted by the Ld.Court, on 21.11.2016, then he proceeded further in the matter and approached opposite party no.1 many times to settle his claim but opposite party no.1 flatly refused to listen to his genuine request and complainant is forced to file the present complaint.
6. On perusing the documents minutely it is proved that Ex.C-2 (which is a policy schedule issued by opposite party) clearly states that date of commencement of policy is 21.11.2012 and maturity date is 20.11.2025 – Single Premium is Rs.95,000/- and total sum assured is Rs.4,75,000/- Ex.C-3 is the first premium receipt issued by opposite party in which Rs.95,000/- is mentioned as single premium taken, Ex.C4 is a document issued by opposite party no.1 which is the receipt of Rs.95,000/- deposited on 10.11.2012 that is a few days earlier to the commencement of the policy. This document clearly proves that the amount of Rs.95,000/- as single premium was paid much earlier to the commencement of policy and the policy was to commence on 21.11.2012 and father of the complainant died unfortunately on 22.11.2012. All this proves that after receiving the premium much earlier by opposite parties and after the commencement of the policy, the father of the complainant died. In this way opposite parties were liable to compensate the complainant by paying the sum assured. But the opposite parties failed to do so and kept on lingering the matter and dilly delaying which amounts to deficiency in service and unfair trade practice. Moreover, opposite parties have not come present even after notice and have not rebutted the allegations levelled by complainant. And there is no cogent reason to disbelieve the version of complaint.
7. In view of above discussion, this Forum finds force in the contentions of counsel for complainant and the complainant is entitled for Insurance claim of Rs.4,75,000/- on account of death of his father and opposite parties are directed to pay the total sum assured Rs.4,75,000/- to the complainant alongwith compensation of Rs.25,000/- for mental agony and harassment and litigation expenses of Rs.10,000/-. Entire compliance to be made within 30 days on receipt of the copy of this order, otherwise, the entire amount will yield interest @ 9% from the date of receiving the copies of order till actual payment.
8. Copy of the order be communicated to the parties free of charges. File be consigned to records.
ANNOUNCED: (Shri Raj Singh) (Rajita Sareen)
January 29, 2019. Member Presiding Member
MK
