Haryana

Kurukshetra

111/2017

Sat Pal Singh - Complainant(s)

Versus

HDFC Life ins - Opp.Party(s)

B.K.Sharma

14 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.111 of 2017.

                                                     Date of institution: 02.06.2017.

                                                     Date of decision:14.03.2018.

Satpal Singh Jaglan, son of Sh. Sarup Singh, resident of House No.330, Sector-7, Urban Estate, Kurukshetra, Tehsil Thanesar, District Kurukshetra-Haryana.

                                                                        …Complainant.

                        Versus

1. HDFC Standard Life Insurance Company Limited, HDFC SL Kurukshetra, Sector-17, Branch 2^nd Floor, SCO No.14, Sector-17, HUDA, Kurukshetra.
2. E-Meditek (TPA) Services Limited, Plot No.577, Udyog Vihar Phase-V Gurgaon-Haryana-122016.
3. Insurance OMBUDSMAN, Office of the Insurance OMBUDSMAN, SCO No.101-103, 2^nd Floor, Bara Building, Sector-17 D, Chandigarh.

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. B.K.Sharma, Advocate, for the complainant.   

                Sh. Gaurav Gupta, Advocate for the OP.No.1.

                Ops No.2 & 3 exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant against and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased one policy bearing No.90008584 from the Ops and the Ops have medically examined the complainant from their approved doctors prior to issuance of the said policy.  It is alleged that suddenly on 01.08.2016 the complainant fell ill and was admitted in Medanta Hospital, Gurgaon, Haryana and was discharged on 03.08.2016.  It is further alleged that during this treatment from 01.08.2016 to 03.08.2016, an amount of Rs.31,852/- was incurred by the complainant.  It is further alleged that the complainant lodged the claim with the Ops and submitted all the necessary documents but the Ops did not release the amount of Rs.31,852/- to the complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to pay Rs.31,852/- to the complainant alongwith interest @ 18% p.a. and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as litigation chargess. 

3.            Upon notice, the OP No.1 appeared before this Forum, whereas Ops No.2 & 3 did not appear and opted to proceed exparte vide order dt. 11.07.2017.  Op No.1 contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the complainant has concealed the true and material facts from this Forum, therefore, he is not entitled to any relief as the claim of complainant is pre-mature.  The true facts are that the answering Op had requested to provide certain documents of the claim to the complainant but the complainant did not provide the same, due to which the claim of complainant has not been processed and has not attained any finality, so, the present complaint being pre-mature deserves dismissal on this score alone.  There is no deficiency in service on the part of Op.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             Both the parties did not lead their evidence to prove their version.

5.             We have heard the ld. Counsel for both the parties and perused the record carefully and minutely.

6.             Though the Ops requested to provide the documents to the complainant but the complainant has failed to supply the same.  So, in such like circumstances, the complaint is pre-mature.  Being pre-mature, the complaint is hereby dismissed.  A copy of the order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.: 14.03.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member