BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 166 of 2016
Date of Institution : 13.7.2016
Date of Decision : 08.12.2016
Ajaib Singh, aged about 50 years, s/o Sh. Jang Singh, resident of House No.4, village Taruana (315), Tehsil Kalanwali, District Sirsa.
…Complainant.
Versus.
1. The Branch Manager/ Incharge, HDFC Standard Life Insurance Company Limited, 1st floor, Classic Auto Care Shop, Dabwali Road, Sangwan Chowk, opposite Sharma Petrol Pump, Sirsa.
2. HDFC Standard Life Insurance Company Limited, Corporate & Registered Office: Lodha Excelus, 13th floor, Apollo Mils Compound, N.M. Joshi Marg, Mahalaxmi Mumbai 40011, through its Officer Incharge/ Authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.Lohia …………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Sh. G.S. Chahal, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, the case of the complainant is that Smt. Veerpal Kaur wife of complainant had purchased insurance policy of ops’ company bearing No.17650305 for the sum assured of Rs.2,50,000/-. Smt. Veerpal Kaur died on 17.10.2015. The complainant is the legal representative and nominee of deceased Smt. Veerpal Kaur. After her death, complainant had applied to the ops for release of the amount of insurance to him and submitted requisite papers as per their requirement and the concerned officer/ officials assured him that amount would be paid to him after few days after getting the claim sanctioned from the head office of the company. Then vide letter dated 17.3.2016, complainant was informed that process for claim is going on. On 6.4.2016, the ops transferred an amount of Rs.21,102/- in the account of complainant and thereafter, vide letter dated 22.4.2016, he was informed that life assured had given the incorrect answers to the question and accordingly the ops have declined his claim which is wrong and illegal. The complainant is entitled to receive the whole of the claim of Rs.2,50,000/- alongwith interest and other charges under the said policy from ops. The complainant met the ops and requested them to make payment but they continued put off the matter on one pretext or the other. The complainant got issued a legal notice dated 23.5.2016 upon ups but to no effect. Hence, this complaint.
2. Notice of the complaint was issued to the ops through registered covers but ops did not appear and therefore, they were proceeded against exparte.
3. In evidence, the complainant has tendered his affidavit Ex.C1, legal notice dated 23.5.2016 Ex.C2, postal receipts Ex.C3, Ex.C4, acknowledgment Ex.C5, premium receipt of Rs.25,000/- Ex.C6, letter dated 17.3.2016 Ex.C7, repudiation letter Ex.C8, copy of pass book of complainant Ex.C9 and copy of death certificate Ex.C10.
4. We have heard learned counsel for complainant and have gone through the case file carefully.
5. It has come on record that Smt. Veerpal Kaur wife of complainant during his life time had obtained an insurance policy from the opposite parties on 21.4.2015 and she paid premium of Rs.25,000/- to the opposite parties and accordingly ops issued premium receipt dated 21.4.2015 Ex.C6 to her. Smt. Veerpal Kaur insured died on 17.10.2015 and the claim for the sum assured was submitted by her husband Ajaib Singh complainant being nominee and legal representative. The opposite parties have transferred an amount of Rs.21,182.32/- in the account of complainant on 6.4.2016 and then they vide letter dated 22.4.2016 Ex.C8 have repudiated the claim of the complainant on the ground that their investigations have established that the income and occupation of life assured disclosed in the application form dated April 21, 2015 is found to be false. However, the opposite parties have failed to explain as to how the information furnished by life assured regarding her income and occupation is found to be false. The opposite parties neither replied to the legal notice of the complainant dated 23.5.2016 which was duly received by them as is evident from acknowledgment Ex.C5 nor they have bothered to appear before this Forum to contest the present complaint despite due service rather opted to be proceeded against exparte. The opposite parties have not justified their repudiation of claim through any reliable and cogent evidence. As such, complainant is entitled to whole of the amount of sum assured from the opposite parties.
6. Thus, as a sequel to our above discussion, we allow the present complaint and direct the opposite parties to pay the sum assured of the policy in question to the complainant alongwith interest @9% per annum from the date of filing of present complaint till actual realization after deducting amount of Rs.21,182.32/- already paid. This order should be complied by the opposite parties within a period of 45 days from today. A copy of this order be supplied to the parties as per rules. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:08.12.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member
