Haryana

Sonipat

CC/395/2015

Pawan Kumar S/o Om Parkash - Complainant(s)

Versus

Branch Manager Life Insurance Corporation of India - Opp.Party(s)

Sandeep Sehrawat

15 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.395 of 2015

                                Instituted on:23.10.2015

                                Date of order:15.06.2016

 

Pawan Kumar son of Om Parkash, resident of village Jagsi, tehsil Gohana, distt. Sonepat.

 

…Complainant.  

Versus

 

Branch Manager, Life Insurance Corporation, Branch Gohana,  distt. Sonepat.

                                                      …Respondent.

 

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Sandeep Sehrawat Adv. for complainant.

           Sh.  RP Antil, Adv. for respondent.

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

         

 

O R D E R

 

          First of all, we would like to mention here that earlier the complaint no.127 of 2014 titled as Pawan Kumar Vs. LIC of India was filed by the complainant and the same was decided by this Forum vide order dated 1.6.2015 and following order was passed:- 

          “Accordingly, we hereby direct the complainant to complete the formalities and to submit the original death certificate, original policy bond, form no.3783, 3784, 3816, 3785, 3788 duly completed with  the respondents within a period of 30 days from the date of passing of this order. Similarly, the respondents are also directed to decide the claim case of the complainant within a period of 45 days which shall be started from the date when the complainant deposits the above mentioned documents with the respondents.”

          Now the present complaint has been filed by the complainant against the respondents alleging therein that he is the real son of Birmati, who had purchased life insurance policy no.179183150 on 28.6.2012 for Rs.2 lacs from the respondents.  Unfortunately, the complainant’s mother had died on 31.12.2012.  The complainant applied for the release of the claim amount and as per terms and conditions of the policy, he submitted the required documents. But the respondent no.1 without any sufficient reason refused to release the claim and ultimately, the respondents on 12.3.2014 has repudiated the claim of the complainant and that amounts to a grave deficiency in service on the part of the respondents.

          It is also submitted that after passing of the order dated 1.6.2015 in earlier complaint, the complainant alongwith the original death certificate etc. has approached the respondent, but the respondent has flatly refused to take the same and thereafter, the complainant on 22.7.2015 has sent all the required documents to the respondent by registered AD post. But despite this, the respondent has not released the claim amount to the complainant till date and that amounts to a grave deficiency in service on the part of the respondent. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the complainant has not given any intimation regarding the death of the life assured and he has also not submitted any required documents with the respondent.  However, it is not disputed that the deceased Birmati had taken life insurance policy bearing no.179183150 for Rs.2 lacs from the respondent.  The complaint of the complainant is pre-mature. However, the respondents are ready to decide the claim of the complainant after getting all the original documents as was directed by this Forum vide order dated 1.6.2015.  The respondent has denied the fact that the complainant has submitted all the documents to the respondent or the respondent has refused to take the same from the complainant. The fact of the matter is that on 12.6.2015, all the required documents were handed over to the counsel of the complainant duly received and he was advised to get the said forms/documents completed in all respect and to return the same to the respondent.  On 13.7.2015, those forms/documents were brought to the office of the respondent by the representative of the complainant, but the same were not completed and the said representative was told about the irregularities and advised to submit the same complete in all respect.  But the complainant has failed to submit the same as were required by the respondent for consideration of the claim of the complainant.  A reminder dated 28.8.2015 was sent by the respondent to the complainant in this regard. But the complainant himself has not complied with the orders passed by this Forum. So, there is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

          In the present case, the complainant has alleged that he has personally visited the office of the respondent and has handed over the original documents to the respondent, but the respondent flatly refused to accept the same and due to this, the complainant has sent all the original documents to the respondent through registered AD post on 22.7.2015 and in support of his contention, he has placed on record the copy of post receipt dated 22.7.2015 (Annexure C1).

          On the other hand, ld. Counsel for the respondent has submitted that on 12.6.2015, all the required documents were handed over to the counsel of the complainant duly received and he was advised to get the said forms/documents completed in all respect and to return the same to the respondent.  On 13.7.2015, those forms/documents were brought to the office of the respondent by the representative of the complainant, but the same were not completed and the said representative was told about the irregularities and advised to submit the same complete in all respect.  But the complainant has failed to submit the same as were required by the respondent for consideration of the claim of the complainant.  A reminder dated 28.8.2015 was sent by the respondent to the complainant in this regard. But the complainant himself has not complied with the orders passed by this Forum. So, there is no deficiency in service on the part of the respondent.

          The respondent in support of his case has placed on record the copy of letter dated 23.7.2015.

          We have perused the contents of letter dated 23.7.2015 (Ex.R1) very carefully.  The respondent vide this letter has informed the complainant regarding incomplete forms, sign not attested, address not mentioned, form no.3784 and 3816 are not filled by the doctor, column of form no.3785 are lying blank, no record of leave which was to be mentioned in form no.3787.

          The contents of the letter dated 23.7.2015(Ex.R1) to some extent proves that the complainant has sent the documents to the respondent.  In our view, if the said documents were incomplete, why the respondent has not repudiated the claim of the complainant.  In our view, to some extent, it was in the mind of the respondent that the claim of the complainant is legal and genuine, that’s why it has not been repudiated by the respondent.  So, finding force in the present complaint, we hereby allow the same with the direction to the respondent to make the payment of Rs.2,00,000/- (Rs.two lacs) to the complainant in respect of the policy no.179183150 within a period of 60 days from the date of passing of this order, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its realization.

           With these observations, findings and directions, the present complaint stands allowed.

Certified copy of this order be provided to both the

parties free of cost.
          File be consigned to the record-room.

 

 

(Prabha Wati)                   (Nagender Singh-President)

Member DCDRF                        DCDRF, Sonepat.

 

Announced:15.06.2016