DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : 173/2020

Date of Institution   : 20.08.2020

Date of Decision    : 01.02.2021

 

Gurmeet Kaur wife of Harmander Singh S/o Karnail Singh resident of House No. 43, Krishna Enclave, Sanghera Road, Barnala-148101, Punjab.   

               …Complainant Versus

Bharti AXA Insurance Company Ltd., Unit No. 1904, 19th Floor, Parine Crescendzo, 'G' Block, Bandra- Kurla Complex, BKC Road, Behind MCA Ground, Bandra (East), Mumbai- 400051 through its Managing Director/Authorized person.

             …Opposite Party

Complaint Under Section 12 of Consumer Protection Act, 1986.

Present: Sh. Iqbal Singh counsel for complainant.

Opposite party exparte.

 

Quorum.-

1. Sh. Kuljit Singh : President

2.Sh. Tejinder Singh Bhangu : Member

 

(ORDER BY KULJIT SINGH, PRESIDENT):

The complainant namely Gurmeet Kaur has filed the present complaint under Consumer Protection Act, (as amended upto date) against Bharti AXA Life Insurance Company Limited(hereinafter referred as opposite party).  

2. The facts leading to the present complaint are that the husband of the complainant during his life time has availed a policy from the opposite party namely Bharti AXA Life Elite Advantage Plan on 28.11.2018 having Policy No. 501-8251370 having sum assured for Rs. 6,12,251/- and paid the premium at Barnala. The complainant was appointed as nominee in the said policy. It is further alleged that the husband of the complainant was posted as L/NK in the Indian Army at Agra, where he died in harness on 4.3.2019. After the death of the said Harmander Singh the complainant got submitted the Insurance Claim with the opposite party and the said insurance claim of the complainant was accepted by the opposite party. The claim tracking report on the website also shown the claim status against policy No. 501-8251370 as Type of Claim : Death and Date of Intimation : 6.8.2019 and Claim Status as :- “We are glad to inform you that your claim has been accepted on 30.9.2019 please check your bank account for payment after 5 days from acceptance date”. It is further alleged that the complainant checked her bank time and again but the claim amount has not been credited in her account till date. Thereafter, the complainant got served a legal notice dated 8.7.2020 upon the opposite party, but the opposite party did not pay any heed and even not given any reply to the legal notice. The complainant number of times telephonically as well as personally asked the opposite party to issue claim amount to her but all the times the opposite party put the matter on one pretext or the other and lastly refused to pay the insurance claim amount to the complainant. Thus, there is deficiency in service on the part of opposite party. Hence, the present complaint is filed seeking the following reliefs.- 

1) To release the insurance claim amount alongwith interest upto date.  

2) To pay Rs. 50,000/-  as compensation and Rs. 10,000/- as litigation expenses.   

3. Notice sent to opposite party but they failed to appear and was proceeded against exparte vide order dated 26.10.2020. 

4. In support of her case the complainant tendered into evidence copy of policy Ex.C-1, copy of Death Certificate Ex.C-2, copy of Tracking report Ex.C-3, copy of legal notice Ex.C-4, her own affidavit Ex.C-5 and closed the evidence. 

5. We have heard the learned counsel for the complainant and have gone through the record on file. 

6. In order to prove her case the complainant has placed on record copy of policy Ex.C-1, which shows that the husband of complainant Harmander Singh subscribed the above said policy on 28.11.2018 and the complainant Gurmeet Kaur mentioned as nominee of the deceased Harmander Singh. Further, the sum assured mentioned as Rs. 6,12,251/-, the policy term mentioned as 12 years, issue dated mentioned as November 30, 2018, policy date mentioned as November 28, 2018. The complainant has further placed on record copy of death certificate Ex.C-2, which is the Medical Certificate Of Cause Of Death All Ranks dated 4.3.2019 issued by Mr. Prashant Tomar Capt AMC Medical Officer. Ex.C-3 is the photocopy of claim tracking report which shows the policy No. 501-8251370, type of claim death, intimation dated 6.8.2019 and claim status shows as under :- 

“We are glad to inform you that your claim has been accepted on 30.9.2019 please check your bank account for payment after 5 days from acceptance date”

Further, Ex.C-4 is the copy of legal notice dated 8.7.2020 which was served upon the opposite party by the complainant. Further, in support of her case the complainant has placed on record her detailed affidavit Ex.C-5 in which she has reiterated the averments as mentioned in the complaint.  

7. As no one has come forwarded from the side of the opposite party to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the contents of the complaint, which are un-rebutted. 

8. In view of the above discussion, we allow the present complaint against the opposite party and the opposite party is directed to pay the claim amount i.e. Rs. 6,12,251/- to the complainant being wife and nominee of the insured as per policy Ex.C-1 alongwith interest @ 8% per annum from the date of intimation i.e. 6.8.2019 till its realization. We further directed the opposite party to pay Rs. 10,000/- as compensation and litigation expenses to the complainant. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records after its due compliance. 

  ANNOUNCED IN THE OPEN COMMISSION:

       1st Day of February, 2021 

 

            (Kuljit Singh)

            President

              

(Tejinder Singh Bhangu)

Member