Punjab

Sangrur

CC/288/2018

Kalawati - Complainant(s)

Versus

Bharti AXA General Insurance Co. - Opp.Party(s)

Sh.S.S.Cheema

26 Dec 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                    Complaint no. 288                                                                                                    

                                                                        Instituted on:  06.07.2018                                                                                    

                                                                        Decided on:    26.12.2018

 

 

Kalawati aged 53 years wife of Late Surinder Singh resident of Rodewal Road, Village Kaurian, Tehsil Sunam, District Sangrur.                

                                                …. Complainant   

 

                                Versus

 

1.       Bharti AXA General Insurance Co. 2nd Floor Eminent Mall, Guru Nanak Mission Chowk, Jalandhar through its Regional Manager.

 

2.       The Sangrur Central Co-operative Bank Limited Branch Kaurian, Village Kaurian, Tehsil Sunam, District Sangrur.

                                          ….Opposite parties.

 

 

FOR THE COMPLAINANT  :         Shri G.S.Cheema Advocate                        

FOR OPP. PARTY NO.1     :     Shri Udit Goyal, Advocate

FOR OPP. PARTY NO.2     :     Shri Amit Jain, Advocate

 

Quorum

                            

Inderjeet Kaur,   Presiding Member

Vinod Kumar Gulati, Member

 

ORDER: InderjeetKaur/Vinod Kumar Gulati,Members

 

1.             Kalawati, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that his husband namely Surinder Singh died in a road accident on 12.09.2014. He  had opened an account with OP no.2 under the Sehkari Bank Beema Yogna under which he was insured with OP no.1 as personal accident group insurance  and hence the parties are liable for personal accidental insurance claim of Rupees One Lac to the account holder namely Surinder Singh under the said policy. The complainant being the wife and nominee of the deceased is legally entitled to receive the said claim from the OPs. The complainant had applied for said claim on 30.09.2014 with OP no.2 and OP no.2 has not yet released the said claim till today. The complainant approached OP no.2 many times but every time the OP no.2 gave the assurance that the said death claim case has been sent to OP no.1 and is under process to settle the claim but claim not released yet. Thus, alleging deficiency in service and unfair trade practice on the part of OPs, the complainant has sought following reliefs:- 

1. OPs be directed to release the said death claim amounting to Rs.1,00000/- of the deceased/account holder to the claimant,
2.  OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment,
3. OPs be directed to pay Rs.11000/- as litigation expenses.

2.                 In reply filed by the OP no.1, it is denied that Surinder Singh was insured under Cooperative Bank personal accident policy. The insurance if any then the same is subject to terms and conditions of the policy as well as the proof regarding deduction of payment of premium. The claim  documents are yet awaited with OP, therefore there was no occasion to verify the genuineness of the claim of the complainant. The complainant or the respondent number 2 be put up to the strict proof regarding submission complete claim documents including claim form and all other requisites pertaining to claim with answering respondent. The complainant never approached  the OP no.1 time and again. Thus, there is no deficiency or negligence on the part of the OP.

3.                Shri Amit Jain, Advocate had appeared on behalf of the OP no.2 on 05.12.2018 when the case was at the stage of arguments.      

4.                The complainant has tendered documents Ex.C-1 to Ex.C-7 and closed evidence. On the other hand OP no.1 has tendered documents Ex.OP1/1 to Ex.OP1/3 and closed evidence.

5.                We have gone through the documents submitted by both the parties and heard the arguments put forth by both the learned counsel and have observed that vide letter number 9220 dated 01.10.2014 the office of the Sangrur Central Cooperative Bank Sangrur Limited informed the OP no.1 regarding the death claim cases under "Sehkari Bank Beema Yojna Personal Accident Group Insurance" and informed the OP no.2 that the case file and the original documents of the customers are in their office and they could provide all the documents as required by the OP no.2 and it was noted that the list sent by the OP no.2 to OP no.1 contained the name of deceased Surinder Singh. Further, it has been observed that no action was taken by OP no.1 on this communication of OP no.2. Besides this, OP no.1 neither bothered to collect the documents pertaining to settlement of the claim of the deceased nor  informed the OP no.2 about the fate of the claim.

6.                Keeping in view of the above facts we allow the complaint and direct the OP no.1 to collect the documents pertaining to claim of the deceased lying with the OP no.2 within one month from the date of receipt of copy of the order and settle the claim of the complainant within two months thereafter. Further, if the complainant is not satisfied with the outcome of the decision of the OP no.1 then  the complainant can approach again the Forum for redressal of the grievance. This order of ours be complied as above. Copy of the order be supplied to the parties free of charge as per rules. File be consigned to records in due course.  

 

                Announced.

                                        December 26,2018

 

                              (Vinod Kumar Gulati)             (  Inderjeet Kaur)                                                                                                                                                                                                           

Member                            Presiding Member