General Manager, National Insurance Co. Bindu Bhaskaran Branch Manager, Nation Insurance Co.
...........Respondent(s)
BEFORE:
1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) The complainant Sri. P.N. Neelakanda Kurup has filed the complaint before this Forum alleging deficiency of service. The complainant has stated that he was the policy holder No.5707/04/42/200/8207009/- of National Insurance Co. Ltd. in the title of Janaseva Insurance Policy, which was taken through the 3rd opposite party. The policy was for the period of 5 years from 29.3.2002 to 28.3.2007 and benefit will be given to the policy holder if any medical accident and other hospital expenses up to an amount of Rs.20,000/-. For joining the said policy the complainant has remitted an amount of Rs.3250/- and obtained the stamped receipt dt. 28.2.2002 from the company. The details of the benefits are explained to the complainant by the 3rd opposite party. After the medical treatment sustained by the complainant, documents of claim are prepared and entrusted the same with the 3rd opposite party. The claim was for Rs.5145/- since there was no response from the 3rd opposite party or the company, the complainant has filed this complaint for a total sum of Rs.11,296/- and alleged deficiency of service. 2. Notices were issued to the opposite parties and they entered appearance and filed version. In the version the opposite parties 1and 2 they have stated that the complaint is not maintainable as no claim or documents were submitted to opposite parties 1 and 2 and further stated that the complainant had submitted the documents to 3rd opposite party and that the company had not received any documents from the parties. So the company has not entertained the claim and asked for any clarification or documents. In the version, opposite parties 1 and 2 further stated that the policy was issued on the basis of requisition done by a third party agency ie. placement sales and services Pvt. Ltd., Regency Centre, Kalvary Road, West fort junction, Thrissur. The claim papers are to be received through that agency and it has to transmitted to the opposite parties 1 and 2 to entertain the claim; and the above agency is not made a party in the complaint. In the version, the 3rd opposite party has stated that the complainant has deals all the matter with the company directly and she has not persuaded the complainant in connection with the said policy; and she is not responsible for anything for the fault on the part of the insurance company. 3. Considering the rival contentions of the opposite parties this Forum raised the issue of whether there is any deficiency of service on the part of the opposite parties? 4. Complainant is examined as PW1 and produced Exts.A1 to A4. A1 is the photo copy of DD dt. 28.2.02 fro Rs.3250/- of SBT, in favour of National Insurance Company and its counterfoil A2. A3 is the receipt for Rs.3250/-. Ext.A4 is the cash receipt in favour of SSVH Arthunkal. While in box the complainant has stated that, Taking all the facts into account and upon perusing the evidence; the contentions of the complainant has no locus standi and cannot be accepted. Since there is no deficiency of service on the part of the opposite parties, the complaint cannot be entertained, and it has to be dismissed on the ground of non-joinder of necessary parties in the complaint. In the result we dismissed the complaint. No order as to costs. Pronounced in open Forum on this the 28th day of March, 2008. SRI. K. ANIRUDHAN : SRI. JIMMY KORAH : SMT. N. SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- PW1 - P.N.Neelakanda Kurup (Witness) Ext.A1 - Photo copy of the DD dt. 28.2.2002 Ext.A2 - Counter foil Ext.A3 - Receipt for Rs.3250/- Ext.A4 - Cash receipt in favour of SSVH - Arthunkal Evidence of the opposite parties:- Nil Pr/-
