Haryana

StateCommission

A/245/2015

RELIANCE LIFE INSURANCE CO. - Complainant(s)

Versus

BANARASI DEVI - Opp.Party(s)

ROHIT GOSWAMI

13 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

                                     First Appeal No  :          126 & 245 of 2015

Date of Institution:       06.02.2015 & 12.03.2015     

                                     Date of Decision:          13.07.2016

 

 

Appeal No.126 of 2015

 

Smt. Banarasi Devi widow of Sant Lal son of Hans Raj, resident of Village Badopal, Tehsil and District Fatehabad (Haryana).

                             Appellant-Complainant

 

Versus

 

1.      Reliance Life Insurance Company Limited, Branch Office, IInd Floor, Pawan Megha Mall, Atlas Road, Sonepat through its Branch Manager.

 

2.      Deepak son of Inder Singh, resident of House No.1, Village Bali Qutub Pur, Tehsil Ganaur, District Sonepat (Haryana) (Agent of respondent No.1).

Respondents-opposite parties

 

Appeal No.245 of 2015

 

 

 

Reliance Life Insurance Company Limited, Branch Office, IInd Floor, Pawan Megha Mall, Atlas Road, Sonepat through its Branch Manager.

                             Appellant-Opposite Party No.1

 

Versus

 

1.      Smt. Banarasi Devi widow of Sant Lal son of Hans Raj, resident of Village Badopal, Tehsil and District Fatehabad (Haryana).

Respondent-complainant

 

2.      Deepak son of Inder Singh, resident of House No.1, Village Bali Qutub Pur, Tehsil Ganaur, District Sonepat (Haryana) (Agent of respondent No.1).

Respondent-opposite party No.2

 

 

CORAM :            Hon’ble Mr. Justice Nawab Singh, President

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                  

Present:              Mr. Rajender Chhokar, Advocate for Smt. Banarasi Devi-complainant

                             Mr. Rohit Goswami, Advocate for the Reliance Life Insurance Company Limited.

                             (Service of Deepak-respondent No.2 dispensed with vide order dated 24^th April, 2015)

 

                                                   O R D E R

 

 

 

 

 

 

 

 

 

NAWAB SINGH J.(ORAL)

 

          This order shall dispose of afore-mentioned appeals bearing No.126 & 245 of 2015 filed by Smt. Banarasi Devi-complainant and Reliance Life Insurance Company Limited (for short ‘Insurance Company’) because they have arisen out of common order dated September 19^th, 2014 passed by District Consumer Disputes Redressal Forum, Fatehabad (for short ‘District Forum’) in complaint No.250 of 2013. 

2.      In Appeal No.126 of 2015, Smt. Banarasi Devi-complainant has challenged the impugned order on the ground that District Forum has wrongly dismissed the complaint claiming the sum assured, that is, Rs.5,41,200/- on the death of her husband.   

3.      Appeal No.245 of 2015 has been filed by Insurance Company challenging the impugned order on the ground that District Forum imposed cost of Rs.30,000/- without any cause.

4.      Smt. Banarasi Devi-complainant in her complaint averred that her husband-Sant Lal purchased Reliance Endowment Plan (Regular) policy (Exhibit C-1) on October 22^nd, 2012.  He died on October 30^th, 2012, that is, after eight days of the purchase of the policy.  The sum assured was Rs.5,41,200/-.  The complainant filed claim with the Insurance Company but the same was repudiated on the ground that Sant Lal died on October 16^th, 2012, that is, prior to the purchase of the insurance policy and not on October 30^th, 2012, as alleged by the complainant.

5.      From the pleadings and evidence of the parties, question arises as to whether Sant Lal died on October 16^th, 2012 or October 30^th, 2012? 

6.      To prove the same, complainant has relied upon death certificate (Exhibit C-5) issued by Registrar Birth & Death cum Medical Officer, PHC, Badopal, Fatehabad wherein it is mentioned that Sant Lal died on October 30^th, 2012 and the registration date therein is March 05^th, 2013.  Affidavit (Exhibit CW2/A) of agent of Insurance Company stating that he got the signatures of Sant Lal on the proposal form.  Affidavits (Ex.CW3/A, Ex.CW4/A, Ex.CW5/A, Exhibit CW6/A) of Ram Kumar-Lambardar, Sunder Singh, Manoj Kumar, Member Panchayat and Dharampal, Member Panchayat respectively stating that Sant Lal died on October 30^th, 2012.  The certificate (Exhibit C-3) purported to have been issued by Dr. Sunder Singh stating that Sant Lal was brought dead.  He could not know the cause of his death.  He had no stamp and letter pad.  So, he was unable to give any proof with regard to the death of Sant Lal. 

7.      Contra, the Insurance Company relied upon a certificate (Exhibit R-5) issued by Anju Bala, Anganwari Worker duly attested by Ram Murti, Sarpanch, Village Badopal and extract of Death Register from April, 2012 to March, 2013 duly attested by Ram Murti, Sarpanch, Village Badopal, in which, it has been mentioned that Sant Lal died on October 16^th, 2012.   Resolution dated August 26^th, 2013 (Exhibit R-6) of the Gram Panchayat Badopal stating that Sant Lal died on October 16^th, 2012 in Village Mukam, Religious Place in District Bikaner (Rajasthan).  His dead body was brought to the village and burial took place in his field.  He attended the burial ceremony.  In Affidavit (Exhibit R-7) Sunder Kumar, brother of Sant Lal also stated that his brother Sant Lal died on October 16^th, 2012. 

8.      After perusing the evidence led by the parties, this Commission is of opinion that evidence led by the complainant is not trustworthy. The death certificate (Exhibit C-5), in which date of death of Sant Lal is mentioned October 30^th, 2012 was got registered on March 05^th, 2013, that is, after about five months of the death of Sant Lal.  The affidavits of other persons submitted on behalf of the complainant viz. Ram Kumar-Lambardar, Sunder Singh, Manoj Kumar, Member Panchayat and Dharampal, Member Panchayat could be procured very easily being the residents of the same village. Dr. Sunder Singh, who issued the certificate (Exhibit C-3) did not mention the date, on which Sant Lal was brought to his hospital.  He does not appear to be a Medical Officer because in Column No.6 of Claim Form B-Medical Attendant Certificate, it was mentioned by the so-called Medical Officer, which is reproduced in extenso:-

          “6.     What was the diagnosis?

          When he was came to me, he was dead.” 

          Not only that, he has given a note underneath the certificate, which is also reproduced as under:-

          “Note : I am practice in Village Badopal.  I have no proof of my doctor.

                                                                   Sd/-

                                                          Sunder Singh”

 

9.      On the other hand, Anju Bala, Anganwari Worker has given a certificate (Exhibit R-5) duly attested by Ram Murti of the Gram Panchayat Badopal that Sant Lal died on October 16^th, 2012.  Not only that, a resolution dated August 26^th, 2013 (Exhibit R-6) passed by the Gram Panchayat Badopal attested by Ram Murti, Sarpanch that Sant Lal died on October 16^th, 2012 in Village Mukam, Religious Place in District Bikaner (Rajasthan).  His dead body was brought to the village and burial took place in his field, which was attended by him.  The matter does not rest here.   Sunder Kumar, brother of Sant Lal has also given affidavit (Exhibit R-7) that his brother died on October 16^th, 2012. 

10.    From the evidence discussed above, it is proved to the hilt that the evidence led by the complainant is not worth credence and the evidence led by the Insurance Company is cogent and reliable.  Thus, the irretrievable conclusion is that Sant Lal died on October 16^th, 2012, that is, prior to the purchase of the insurance policy because insurance policy was purchased on October 22^nd, 2012.  This being so, the District Forum has rightly dismissed the complaint but the District Forum fell in error in imposing cost of Rs.30,000/- on the Insurance Company because there was no fault of the Insurance Company at all.  So, question of burdening with cost on the Insurance Company does not arise and as such, the same is set aside.      

11.    The appeal No.126 of 2015 filed by the complainant is dismissed and the appeal No.245 of 2015 filed by the Insurance Company is disposed of in the manner indicated above.

12.    The statutory amount of Rs.25,000/- deposited at the time of filing the appeal No.245 of 2015 be refunded to the Reliance Life Insurance Company Limited-appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

13.    The original order is attached with appeal No.126 of 2015 and certified copy be attached with appeal No.245 of 2015.

 

Announced 13.07.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

U.K