Ms. Nidhi Verma, Member
1 The complainant has filed the present complaint by invoking the provisions of Section 34, 35 and 36 of the Consumer Protection Act against the opposite parties on the allegations that husband of the complainant namely Harpal Singh son of Joginder Singh approached the opposite parties for availing life insurance policy from the opposite parties for getting himself insured in case of death so that his family could be helped from the claim amount received by them in case of his death. The opposite parties received insurance premium of Rs. 10,690.98 Paise from the deceased Harpal Singh and issued a life insurance policy to the deceased Harpal Singh with policy No. 5021815153 with the insurance cover of Rs. 17,70,000/- with a term of 20 years and date of issuing of the policy was 09.04.2020 and the complainant was nominee in that policy by the deceased. Unfortunately, husband of the complainant died on 13.04.2020 due to heart attack and as such the complainant knowing that Harpal Singh was insured with the life insurance mentioned above approached the opposite parties and lodged the insurance claim with these parties and also supplied all the documents as required by the opposite parties and the opposite parties assured the complainant that the insurance claim will be released to her in a month’s time and the complainant awaited for the insurance claim from the opposite parties but inspite of waiting for this period no claim given by the opposite parties to the complainant, so the complainant approached the opposite parties inperson several times but inspite of these efforts and visits no insurance claim was ever released to her by the opposite parties and the complainant has to face a lot of harassment at the hands of the opposite parties. The cause of action of present complaint accrued on 31.3.2021 when she received a letter dated 31.3.2021 from the opposite party no. 1 whereby repudiating the claim of the life insurance of deceased Harpal Singh by giving a vague reason and thereby denying the claim to the complainant. The complainant is fully aware of the facts that deceased Harpal Singh never concealed any facts from the opposite parties at the time of availing the insurance from these opposite parties and as such, the above mentioned letter is a creation for denying the insurance claim to the complainant and as such the opposite parties are guilty of fault, imperfection, abort coming and inadequacy in the quality of service. The complainant prayed the following relieves:-
- The opposite parties may be directed to immediately release the insurance claim of Rs. 17,70,000/- to the complainant being the actual cover provided by the opposite parties qua the above mentioned insurance policy.
- The opposite parties may be directed to pay Rs. 1,00,000/- as compensation to the complainant for causing mental pain, agony and harassment
- The opposite parties may kindly be directed to pay Rs. 50,000/- as litigation charges to the complainant in the interest of justice, equity and fair-play.
Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, Self attested copy of insurance policy Ex. C-2, Self attested copy of death certificate of Harpal Singh Ex. C-3, Self attested copy of repudiation letter Ex. C-4, Self attested copy of Adhar Card of complainant Ex. C-5.
2 Notice of this complaint was sent to the opposite parties and no one appeared on behalf of opposite parties and consequently, the opposite parties were proceeded against exparte.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the husband of the complainant namely Harpal Singh son of Joginder Singh approached the opposite parties for availing life insurance policy from the opposite parties for getting himself insured in case of death so that his family could be helped from the claim amount received by them in case of his death. The opposite parties received insurance premium of Rs. 10,690.98 Paise from the deceased Harpal Singh and issued a life insurance policy to the deceased Harpal Singh with policy No. 5021815153 Ex. C-2 with the insurance cover of Rs. 17,70,000/- with a term of 20 years and date of issuing of the policy was 09.04.2020 and the complainant was nominee in that policy by the deceased. Unfortunately, husband of the complainant died on 13.04.2020 due to heart attack and death certificate is Ex. C-3. He further declared that the complainant knowing that Harpal Singh was insured with the life insurance mentioned above approached the opposite parties and lodged the insurance claim with these parties and also supplied all the documents as required by the opposite parties and the opposite parties assured the complainant that the insurance claim will be released to her in a month’s time and the complainant awaited for the insurance claim from the opposite parties but inspite of waiting for this period no claim given by the opposite parties to the complainant, so the complainant approached the opposite parties inperson several times but inspite of these efforts and visits no insurance claim was ever released to her by the opposite parties and the complainant has to face a lot of harassment at the hands of the opposite parties. The cause of action of present complaint accrued on 31.3.2021 when she received a letter dated 31.3.2021 from the opposite party No. 1 whereby repudiating the claim of the life insurance of deceased Harpal Singh by giving a vague reason and thereby denying the claim to the complainant (Ex. C-4) and prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in the Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite parties. The opposite parties are directed to make the insurance claim to the complainant. The opposite parties have harassed the complainant for a long time, as such, the complainant is also entitled to Rs. 15,000/- as compensation on account of harassment and mental agony and Rs 11,000/- as litigation expenses. Opposite parties is directed to comply the order of this commission within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission.
05.06.2024
