Punjab

Ludhiana

CC/21/446

Harpreet Kaur - Complainant(s)

Versus

HDFC Life Ins.Co.Ltd - Opp.Party(s)

Amandeep Khaira

02 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 446 dated 29.09.2021.                                                       Date of decision: 02.09.2022. 

 

1. Harpreet Kaur aged about 24 years W/o. Late Sh. Jasvir Singh,
2. Jaspreet Kaur aged about 6 years D/o. Late Sh. Jasvir Singh through their mother and natural guardian Harpreet Kaur
3. Darshan Rani W/o. Karnail Singh @ Harnail Singh,

All R/o. H. No.850, Rahon Road, Grewal Colony Machhiwara Khas, Ludhiana. ..…Complainants

                                                Versus

HDFC Life Insurance Company Ltd., Feroz Gandhi Market Road, Feroz, Jila Kacheri Area, Model Gram, Ludhiana through its Manager.                                                                                                               …..Opposite party 

Balwinder Singh son of Karnail Singh @ Harnail Singh, R/o. H. No.850, Rahon Road, Grewal Colony Machhiwara Khas, Ludhiana.

                                                                                      ....Proforma respondent

Complaint U/s. 35 of Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants           :         Sh. Harjeet Singh, Advocate.

For OP                           :         Sh. Nitin Kapila, Advocate.

 

 

 

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                In brief, the case of the complainants is that Jasvir Singh husband of complainant No.1 had availed an insurance policy No.CP000058 from OP1 which was valid from 30.06.2019 to 29.06.2024. Jasvir Singh paid a premium of Rs.14,328/- for the term 30.06.2019 to 29.06.2024. Jasvir Singh met with an accident on 25.11.2020 and died in DMC Hospital during the course of his treatment. The complainants are the only legal heirs of deceased Jasvir Singh. Complainant No.1 visited the office of OP1 and submitted the documents as demanded by OP1 who assured to make the claim. However, OP1 did not reimburse the claim. This amounts to deficiency of service on the part of the OP. In the end, it has been requested that the OP be directed policy benefits of Rs.18,00,000/- along with compensation of Rs.4,00,000/- and litigation expenses of Rs.22,000/-.

2.                The complaint has been resisted by the OP. In the written statement, it has been, inter alia, pleaded by the OP that there has been no deficiency of service on the part of OP1. According to OP1, the complaint is pre mature as the complainants have not approached OP1 at any point of time. According to OP1, Jasvir Singh son of Karnail Singh had obtained the insurance policy bearing No.CP000058. All the terms and conditions of the policy were explained to Jasvir Singh and he signed the documents admitting the terms and conditions of the policy as correct. OP1 has further pleaded that the claim was lodged by Balwinder Singh alleging the death of Jasvir Singh and on receipt of the claim, OP1 called for certain documents from Balwinder Singh for processing the claim. In the policy, Karnail Singh was mentioned as nominee of Jasvir Singh whereas the claim was lodged by Balwinder Singh while in all the documents, name of father of Jasvir Singh was mentioned as Karnail Singh. Therefore, the claim lodged by Balwinder Singh could not be processed. Moreover, Balwinder Singh failed to provide the documents demanded by OP1 and his claim was denied vide letter dated 08.07.2021. The complainants have never lodged the claim. Therefore, the present complaint is not maintainable and is liable to be dismissed being pre-mature. The other allegations made in the complaint have been denied as wrong and a prayer for dismissal of the complaint has also been made.

3.                In evidence, the complainant No.1 submitted her affidavit as Ex. CA along with documents Ex. C1 to Ex. C23 and closed the evidence.

4.                On the other hand, the counsel for the OP1 tendered affidavit Ex. RA of Sh. Gurpreet Singh, Deputy Manager Legal & Compliance of OP1 along with documents Ex. R1 to Ex. R10 and closed the evidence.

5.                We have heard the counsel for the parties and have also gone through the record.

6.                Admittedly, previously the claim was lodged by Balwinder Singh brother of deceased Jasvir Singh who was not even  nominee in the policy. It has been pointed out that as a matter of fact Karnail Singh father of Jasvir Singh was the nominee in the policy but Karnail Singh had died. Copy of death certificate of Karnail Singh is Ex. C9. The complainants have obtained the succession certificate dated 04.05.2022 in their name in respect of insurance policy of the vehicle of Jasvir Singh son of Karnail Singh. Therefore, ex-facie it stands proved that the complainants are the legal heirs of deceased Jasvir Singh who admittedly had a policy in his name issued by OP1. As stated in the written statement, the complainants have not lodged any claim till date and the claim previously lodged by Balwinder Singh was denied due to non-production of certain documents by him. Since the complainants are legal heirs/Class-I heirs of deceased Jasvir Singh, they are eligible persons to lodge the claim but as claimed by OP1 in the written statement till date the complainants have not lodged any claim. In these circumstances, in our considered view, it would be just and proper if the complainants are directed to lodge the claim in respect of death of Jasbir Singh under the policy No.CP000058 within a period of 30 days from the date of receipt of copy of order along with all the necessary documents and, thereafter, OP1 shall consider the claim strictly in accordance with terms and conditions of the policy within 30 days from the lodging of the claim by the complainants.

7.                 As a result of above discussion, the complaint disposed of with directions to the complainants to lodge the claim in respect of death of Jasbir Singh under the policy No.CP000058 within a period of 30 days from the date of receipt of copy of order along with all the necessary documents and, thereafter, OP1 shall consider and decide the claim strictly in accordance with terms and conditions of the policy within 30 days from the lodging of the claim by the complainants.  However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

8.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:02.09.2022.

Gobind Ram.

 

 

 

Harpreet Kaur etc. Vs HDFC Life Insurance Co.                              CC/21/446

Present:       Sh. Harjeet Singh, Advocate for complainants.

                   Sh. Nitin Kapila, Advocate for OP.

 

                   Arguments heard. Vide separate detailed order of today, the complaint disposed of with directions to the complainants to lodge the claim in respect of death of Jasbir Singh under the policy No.CP000058 within a period of 30 days from the date of receipt of copy of order along with all the necessary documents and, thereafter, OP1 shall consider and decide the claim strictly in accordance with terms and conditions of the policy within 30 days from the lodging of the claim by the complainants.  However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:02.09.2022.

Gobind Ram.