DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 145 of 04.08.2021

Decided on : 24-04-2024

1. Gurmit Kaur Wd/o Sh.Hardeep Singh @ Gulab Singh @ Hardip Singh;

    

2. Charanpreet Singh now aged about 19 years S/o Hardeep Singh @ Gulab Singh @ Hardip Singh.

    

3. Ranjit Kaur W/o Juginder Singh Mother of Hardeep Singh @ Gulab Singh @ Hardip Singh (Now deceased through her LRS Gurmeet Kaur and Charanpreet Singh complainant Nos.1 and 2)

   LRs of deceased Hardeep Singh @ Gulab Singh @ Hardip Singh.

   Residents of Patti Buda, Vill. Chak Bakhtu, Distt. Bathinda.

    

........Complainants

Versus

1. Cholamandlam MS General Insurance Company Limited, Branch Office at 2907/1/C/10, Jindal Complex, G.T Road Near Hanuman Chowk, Bathinda, through its Branch Manager/Authorized Signatory.

    

2. Cholamandlam MS General Insurance Company Limited, Registered office 2nd Floor, Dera House, 2NSC Bose Road, Chennai-600001, through its Director/ Authorized Signatory.

    

3. Director/Authorized Signatory of Cholamandlam MS General Insurance Company Limited, Registered Office 2^nd Floor, Dera House, 2NSC Bose Road, Chennai-600001.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Smt.Priti Malhotra, President

Smt.Sharda Attri, Member

Present :

For the complainants : Sh.L.S Hari, Advocate.

For opposite parties : Sh.Vinod Garg, Advocate.

ORDER

Priti Malhotra, President

1. The complainants Gurmit Kaur and others (here-in-after referred to as complainants) have filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Cholamandlam MS General Insurance Company Limited and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainants is that they are the legal heirs of the deceased Hardeep Singh @ Gulab Singh @ Hardip Singh.

3. It is averred that on 10.5.2021, while coming from village Daulatpur to village Bakhtu, the motorcycle of deceased Hardeep Singh met with an accident. It slipped and he fell down and received multiple injuries including on his forehead and many other injuries and while taking to the hospital for treatment, he died on the way. In this regard, General Diary No.019 dated 11.5.2021 was recorded at the police station Balianwali, District Bathinda and postmortem of the decesed Hardeep Singh was also got conducted vide PMR No.PMR/SG/03/2021.

4. It is alleged that the deceased Hardeep Singh purchased the motorcycle Model CD 110 Dream vide invoice No.PB04000320V01324 dated 30.11.2020 and he was the owner in possession of motorcycle Model CD 110 Dream bearing registration No.PB-03BF-4157. He got insured the motorcycle from opposite parties vide Policy-cum-Certificate No.3397/01913808/000/00 for OD (Own Damage) for the period from 30.11.2020 to 29.11.2021 and for TP (Third Party) for the period from 30.11.2020 to 29.11.2025. The period of insurance for CPA (Compulsory Personal Accident Owner Driver) from 30.11.2020 to 29.11.2021 and deceased Hardeep Sngh got insured for sum assured of Rs.15 lakhs and he paid the premium amount of Rs.4548/- to opposite parties including Rs.325/- as premium against Compulsory Personal Accident (CPA) cover for owner driver.

5. It is further alleged that the deceased Hardeep Singh had valid driving license and registration certificate of the motercycle. The complainants approached the office of opposite parties and submitted their claim request, but they lingered the matter on one or the other pretext. Thereafter they again approached opposite parties on 17.6.2021 and request them to disburse their claim, but they flatly refused to accede the request of the complainants. The complainants got served a legal notice dated 13.7.2021 through their counsel to opposite parties for redressal of their grievance, but to no effect.

   On this backdrop of facts, the complainants have prayed for directions to opposite parties to disburse them insurance claim amount of Rs.15 lakhs alongwith up to date interest @ 18% p.a. And to pay Rs.1 lakh as compenstion and financial loss and Rs.10,000/- as litigation expenses.

6. Upon notice, opposite parties appeared through counsel and contested the complaint by filing written version and raising legal objections that the complaint is premature as the complainants have not lodged any claim regarding death of life assured Hardeep Singh till date, rather they directly filed the complaint and opposite parties reserve their right to decide the claim as and when the complainants lodged the claim and submit the documents. The intricate questions of law and facts are involved in the complaint. They require voluminous documents and evidence for determination. It is not possible in the summary procedure under 'Act' and appropriate remedy, if any, lies only in the civil court. The complainants have concealed the material facts and documents from this Commission and opposite parties. As such, the complainants are not entitled to any relief. The complainants have concealed the fact that they have not lodged claim with opposite parties nor submitted any documents. Opposite parties reserve their right to decide claim as and when the same is lodged and complainants submit the documents i.e. duly filled and signed P.A. claim form, detailed statement from claimant about accident, death certificate, postmortem report, copy of FIR and final report, notary attested indemnity bond in stamp paper, notary attested NOC in stamp paper (Affidavit of No Objection), legal heirship certificate from concerned authority, copies of all vehicular documents (RC, DL, FC, Permit, Policy), Photocopy and ID proof of deceased and claimants/Nominee, Photocopy of dependents of deceased persons, copy of ration card and copy of cheque-NEFT particulars. Etc., so that they may be able to decide the claim as per terms and conditions of policy. The complainants have not impleaded all the legal heirs of deceased Hardeep Singh who are necessary parties. The complainants are not 'consumer' of opposite parties and they have no locus-standi or cause-of-action to file the complaint against opposite parties. The complaint is not maintainable in its present form and is liable to be dismissed.

7. On merits, opposite parties have reiterated their version as taken in the legal objection as detailed above and controverted all other averments of the complainants and prayed for dismissal of complaint.

8. In support of their complaint, the complainants have tendered into evidence two affidavits namely Gurmit Kaur dated 4.8.2021, (Ex.C12) and Ranjit Kaur dated 25.3.2022 (Ex. C13) and documents, (Ex.C1 to Ex.C11 and Ex.C14).

9. In order to rebut the evidence of complainants, opposite parties have tendered into evidence affidavit of Vidhi Passi dated 8.6.2023, (Ex.OP1/2) and document, (Ex.OP1/1).

10. We have heard learned counsel for the parties and gone through the file carefully.

11. Learned counsel for parties have reiterated their stand as taken in their respective pleadings as detailed above.

12. We have given careful consideration to these submissions.

13. Controversy lies in very narrow compass. The version of opposite parties is that the complainants have not lodged the claim regarding death of life assured Hardeep Singh till date, rather they have directly filed the complaint and opposite parties reserve their right to decide the claim as and when the complainants lodged the claim and submit the documents. The complainants have filed this complaint in the year 2021, but during the pendency of complaint, opposite parties despite receipt of documents alongwith copy of complaint failed to process the claim till date.

14. For the reasons recorded above, the complaint is disposed off with the directions to opposite parties to process and settle the claim of the complainants next within 30 days from receiving the claim form alongwith documents from the complainants.

15. In case of non-compliance of the order within the stipulated period, thereafter opposite parties will be liable to pay the penalty of Rs.20,000/- to the complainants.

16. The complaint could not be decided within the statutory period due to heavy pendency of cases.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced

    24-04-2024

    1. (Priti Malhotra)

    President

     

     

    (Sharda Attri)

    Member