Haryana

Kurukshetra

CC/253/2019

Mandeep - Complainant(s)

Versus

Cholamadlam - Opp.Party(s)

R.K. Chaudhary

12 Apr 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL  COMMISSION, KURUKSHETRA.

                                                     Complaint Case No.253 of 2019

                                                     Date of institution: 21.06.2019

                                                     Date of decision: 12.04.2021.

 

Mandeep son of Sh.Balwinder resident of village and post office Guldehra Tehsil Pehowa, District Kurukshetra.

                                                                …Complainant.

                        Versus

1. Cholamandalam Investment and Finance  Company Limited, Dare House, 1^st Floor No.2,N.S.C. Bose Road Parrys, Chennai  0600001 through its Branch Manager.

2. Cholamandalam Investment and Finance Company Limited, SCO No.66, Near Cignus Hospital Sector 17. Kurukshetra, Tehsil Thanesar District Kurukshetra.

3. HDFC Life Insurance Company Limited, SCO No.66, near Cignus Hospital, Sector 17, Kurukshetra Tehsil Thanesar, District Kurukshetra.

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Issam Singh Sagwal, Member.

       

Present:     Sh. R.K.Chaudhary, Advocate for complainant.   

                Sh. Shekhar Kapoor Advocate for opposite party No.1 & 2.

                Sh.Gaurav Gupta Advocate for OP no.3.

               

ORDER             

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Mandeep against Cholamandalam Investment and Finance Company etc.- the opposite parties.

2.            It is stated in the complaint that  the  father of the complainant namely Sh.Balwinder  Singh son of Sh.Tara Singh had purchased a tractor  bearing registration No. HR-41J-3754 under the agreement No. XTRAKTR00002670501  with the  exchange of old tractor bearing Registration no. HR-14D-8817 and the price of the old tractor was agreed to be adjuste4d to the tune of Rs.2,00,000/-. The OP No.1 financed the old tractor for the sum of Rs.2, 10,000/- as well as insured the new tractor and the date of commencement of the insurance is 24.11.2018 and the termination date of the insurance was 23.11.2020. The father of the c complainant has died on 17.3.2019.  The father of the complainant was member of OP No.3. The aim of OP No.3   HDFC life group credit protect plan institute for members of financial institution in the eve3nt of death disability or illness of the insured member. OP No.1 and 2 have received four cheques regarding the said finance and now the insured  has died  so the complainant is entitled to the insured amount and not liable to pay the finance amount as per policy but they have refused to pay the same which resulted into financial and physical loss and mental agony to the complainant. The OPs have failed to adhere to the grievance of the complainant despite service of legal notice also which amounts to deficiency in services on the part of the OPs. Thus, the complainant has filed the present complaint against the OPs and prayed that the OPs be  directed not to recover any amount of finance from the complainant and to pay the sum assured Rs.2,00,000/- alongwith compensation for the mental harassment caused to the complainant together with litigation expenses.

3.             Notice of the complaint was given to the OPs. OP No.1 and 2 filed their written statement disputing the claim of the complainant. It is submitted that borrower Balwinder had opted for two policies one from Chola MS General Insurance a separate legal entity (Chola credit Linked Personal Accident Insurance) an amount of Rs.2225.42 plus GST 400.58 was paid by him to Chola MS General Insurance and sum assured was Rs.450,000/- and he also opted for second policy from HDFC Life Insurance (HDFC Life Group  Credit Protect Plus Insurance Plan) and  Balwinder disease was insured and paid an amount of Rs.2325.01 plus GST 418.50 and the sum assured was Rs.40,761/-  the deceased was insured by OP No.3 and the claim if any has to be settled by the insurance company.   It is further submitted that as per the books of the OP maintained in due course of business and as per record/statement account available with the office of OP, an amount of Rs.140552/- is pending due against the complainant as per statement dated 17.11.2019 plus future interest. All other allegations made in the complaint have been denied by OP No.1 and 2 specifically and preliminary objections regarding maintainability, cause of action, jurisdiction and that of mis joinder and non joinder of the necessary parties have been raised and it is prayed that the complaint may kindly be dismissed.

4.             OP No.3 appeared and filed its written statement disputing the claim of the complainant. It is submitted that till date no claim has been lodged/intimated  to the OP by the complainant. No document has ever been supplied and claim form has been lodged by the complainant. Firstly the complainant should file claim  intimation with the OP No.3 alongwith the submission of required documents and after getting verified the same insurance company will decide whether the claim is payable or not, as per terms and conditions of the policy and verification of documents. So, it is prayed that the present complaint may kindly be dismissed.

5.             The complainant in support of his claim has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-7 and closed his evidence.

6.             On the other hand,  OP No.1 and 2 have filed affidavit Ex.RW1/A and tendered documents Ex.R-1 to Ex.R-6 and closed their evidence.

7.             The OP No.3 in support of its case has filed affidavit Ex.RW3/A and closed its evidence.

 

8.             We have heard the learned counsel for the parties and gone through the case file very carefully.

9.             The learned counsel for the complainant while reiterating the contents of the complaint has argued that Sh.Balwinder  Singh son of Sh.Tara Singh had purchased a tractor  bearing registration No. HR-41J-3754 under the agreement No. XTRAKTR00002670501  with the  exchange of old tractor bearing Registration no. HR-14D-8817 and the price of the old tractor was agreed to be adjuste4d to the tune of Rs.2,00,000/-. It is further argued that the  OP No.1 financed the old tractor for the sum of Rs.2, 10,000/- as well as insured the new tractor and the date of commencement of the insurance is 24.11.2018 and the termination date of the insurance was 23.11.2020. The father of the c complainant has died on 17.3.2019.  The father of the complainant was member of OP No.3. The aim of OP No.3   HDFC life group credit protect plan institute for members of financial institution  was  to protect its members  in the event of death disability or illness of the insured member  OP No.1 and 2 have received four cheques regarding the said finance and now the insured  has died  so the complainant is entitled to the insured amount and not liable to pay the finance amount as per policy but they have refused to pay the same which resulted into financial and physical loss and mental agony to the complainant,

10.            The learned counsel for the OP no.1 and 2 while reiterating the contentions made in the written statement has argued that the  borrower Balwinder had opted for two policies one from Chola MS General Insurance a separate legal entity (Chola credit Linked Personal Accident Insurance) an amount of Rs.2225.42 plus GST 400.58 was paid by him to Chola MS General Insurance and sum assured was Rs.450,000/- and he also opted for second policy from HDFC Life Insurance (HDFC Life Group  Credit Protect Plus Insurance Plan) and  Balwinder disease was insured and paid an amount of Rs.2325.01 plus GST 418.50 and the sum assured was Rs.40,761/-  the deceased was insured by OP No.3 and the claim if any has to be settled by the insurance company.   It is further submitted that as per the books of the OP maintained in due course of business and as per record/statement account available with the office of OP, an amount of Rs.140552/- is pending due against the complainant as per statement dated 17.11.2019 plus future interest.

11.            The learned counsel for OP No.3 while reiterating the contentions made in the written statement has argued that that till date no claim has been lodged/intimated  to the OP by the complainant. No document has ever been supplied and claim form has been lodged by the complainant. Firstly the complainant should file claim  intimation with the OP No.3 alongwith the submission of required documents and after getting verified the same insurance company will decide whether the claim is payable or not, as per terms and conditions of the policy and verification of documents. So, it is prayed that the present complaint may kindly be dismissed.

12.            So far as getting of insurance policy by deceased Balwainder is concerned, same are not in dispute and have been admitted by the OPs. Death of the deceased Balwinder  on 17.3.2019 also not remains in dispute because the same is neither specifically by the OPs and the same is also proved from the death  certificate Ex.C-4.  Premium paid to the OP No.1 and 2 is also proved from Ex.R-5.

                However, the learned counsel for the OP No.1 and 2 during the course of arguments has stated at the bar that the dispute between OP No.1 and 2  with the complainant stands settled in the sum of Rs.2,10,000/-.The learned counsel for the complainant has also acceded to the submission of the OP 1 and 2. Therefore, dispute between OPNo.1 and 2 and that of complainant stands settled and no further order is required to be passed in this regard.

13.            So far as the dispute between complainant and OP No.3 is concerned, it is not in dispute that the father of the complainant was insured in the sum of Rs.40761/-. The contention of the OP no.3 is that no claim has been lodged by the complainant. The present complaint has been filed before this Commission on21.06.2019 and OPs appeared before this Commission regarding the present complaint on 3.07.2019. All documents required are on the file. Copy of the death certificate is also on the file. The complainant in his complaint has clearly mentioned that his father died on 17.3.2019 and copy of the complaint was supplied to the OP No.3 but the OP No.3 never dared to verify the matter through their investigator or otherwise from any source. From the date of first hearing till today i.e. date for arguments, OP No.3 is standing with the same stand that the claim has not been lodged. Everybody is not supposed to know everything. In our view as and when the copy of the complaint was supplied to the OP no.3 it was incumbent upon OP no.3 to take necessary steps for the submission of the claim of the complainant but it has not been done so. Therefore, OP No.3 is found to be grave negligent in its services and the complainant is entitled to the sum assured i.e. Rs.40761/- alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 21.6.2019 till its realization together with compensation for the mental harassment and agony faced by the complainant.

14.            Thus, as a sequel of above discussion, we allow the complaint and direct the Ops to pay Rs.40761/- to the complainant  alongwith interest @ 6% per annum from the date of filing of the present complaint i.e.  21.06.2019  till its actual realization and further to pay Rs.5000/- as lump sum compensation on account of harassment, mental agony including the litigation charges.  Let the order be complied with within 45 days from the date of preparation of copy of this order, failing which, the complainant shall be at liberty to initiate proceedings u/s 25 and 27 of the Consumer Protection Act.  A copy of said order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:12.04.2021 

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Issam Singh Sagwal),                         (Neelam)        

      Member                                       Member.