BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint case No.77 of 2017.
Date of Instt.: 27.03.2017.
Date of Decision: 13.09.2017.
Smt.Geeta Devi widow of Naurang son of Ramjas resident of village Dhand Sub-Tehsil Bhattu Kalan Tehsil & District Fatehabad.
..Complainant.
Versus
Bajaj Allianz General Life Insurance Company Limited, Dabwali Road, Sirsa, Tehsil & District Sirsa through its Branch Manager.
…….Respondent.
Complaint U/S 12 of the CP Act,1986
Before: Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Smt. Ansuya Bishnoi, Member.
Present: Sh.Jitender Thakkar, Advocate for complainant. Opposite party already exparte
ORDER
Briefly stated, the facts of the present complaint are that father-in-law of the complainant namely Ram Jas had got insured himself with the opposite party vide Insurance policy No.0297834241 for a sum assured of Rs.2,50,000/- and he made the payment of premium to the OP. The said insurance policy was issued to the respondent through The Fatehabad Central Cooperative Bank Limited, Fatehabad and the complainant is nomine in respect of said insurance policy. That said Ram Jas father-in-law of complainant died on 11.04.2014. The complainant being nominee of Late Sh. Ram Jas (life assured) informed the OP about the death of her father-in-law and all the requisite documents were submitted by complainant to OP but till date the complainant has not been released the benefits of insurance policy nor assigned any reason for the same by the Ops. So, there is deficiency in service on the part of OP and the complainant is entitled to get all the benefits in respect of the insurance policy along with interest @ of 12% per annum along with a compensation of Rs.25000/- on account of mental agony, harassment and humiliation undergone by the complainant. Hence, this complaint.
2. On notice, the opposite party did not turn-up to rebut the complaint in hand and hence OP was proceeded ex-parte vide order dated 3.7.2017.
3. In evidence, the learned counsel for the complainant has tendered affidavit of complainant as Annexure C1 and documents i.e. acknowledgement letter as Annexure C2, Death Certificate of Ram Jas as Annexure C3, copy of residence proof of the deceased Ram Jas as Annexure C4, copy of Daily Dairy as Annexure C5 and copy of voter card as Annexure C-6 and closed the same.
4. We have heard the arguments advanced by learned counsel for the complainant ex-parte and gone through the case file carefully.
5. After giving our thoughtful consideration to the facts and circumstances of the case, this Forum is of the considered view that the present complaint is pre-mature. There is no document on the file to establish that the claim of the complainant has been decided/repudiated by the OP. From Annexure C-2 it is only evident that the claim of the complainant has been received by the OP. Therefore, the present complaint is pre-mature. Accordingly, we dispose of this complaint with the direction to the OP to decide the claim of the complainant in accordance with law and by passing a speaking order Within a period of 45 days from the dt of receipt of this order . The complainant is also directed to furnish the requisite documents to the OP which are necessary for proper finalization/ decision of the claim. In case the complainant is aggrieved with the decision to be taken by the OPs, in that eventuality he may file a fresh complaint against the decision of the Ops. A copy of this order be supplied to both the parties free of cost as provided in the rules. File be consigned after due compliance.
ANNOUNCED IN OPEN FORUM. Dt.13.09.2017
(Ansuya Bishnoi) (R.S.Panghal) (Raghbir Singh)
Member Member President
District Consumer Disputes Redressal Forum, Fatehabad
