Before the District Consumer Disputes Redressal Commission, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :    24 of 2020

Date of Institution                      :   02.03.2020

Date of Decision               :   23.02.2022

Jashanpreet Kaur aged 7 years minor daughter of Dalbir Singh and Smt. Lakhbir Kaur resident of village Dhotian, Tehsil and District Tarn Taran having Adhar Card no. 6471 7867 3953 at present residing under the care and custody of Smt. Harbans Kaur aged 60 years wife of Sh. Sham Singh resident of village Waan Baba Tara Singh, Tehsil Patti, District Tarn Taran.

                                                                             ......Complainant

                                                Versus

1. HDFC Life, HDFC SL, Tarn Taran First Floor, Plot No. 1/197 above Canara Bank Near Mata Ganga College Jandiala Road, Tarn Taran District Tarn Taran,
2. HDFC Life Standard Life Insurance Company Limited 13^th Floor, Apolo Mills Compound, NM Joshi Marg, Mahalaxmi, Mumbai.

                                                                    .....Opposite Parties.

Complaint Under Section  11, 12, 13 and 14 of the Consumer Protection Act.

Quorum:               Sh. Charanjit Singh, President

Ms. Nidhi Verma Member

For Complainant                     Sh. A.S. Randhawa Advocate

For Opposite Parties               Sh. Mohan Arora Advocate

PER:

Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 11, 12, 13  and 14 against the opposite parties on the allegations that Jashanpreet Kaur aged 7 years minor daughter of Late Dalbir Singh and Late Smt. Lakhbir Kaur resident of village Dhotian, Tehsil and District Tarn Taran at present residing under the care and custody of Smt. Harbans Kaur wife of Sham Singh resident of village Waan Tara Singh, Tehsil Patti District tarn Taran (guardian of the minor) Mr. Dalir Singh son of Bachint Singh resident of village Dhotian, Tehsil and District Tarn Taran was insured with opposite party No. 2 through opposite party No. 1 under policy Number 18072726 HDFC SL ProGrowth Plus on 22.12.2015. the maturity date of the policy is 21.12.2030 and the death benefit i.e. some insured is a sum of Rs. 1,75,000/-. The nominee of this policy was Smt. Lakhbir Kaur wife of said Dalbir Singh. Unfortunately, Sh. Dalbir Singh, Smt. Lakhbir Kaur and their daughter namely Manjinder Kaur who was 16 years of age were murdered on the night of 23/24-5-2019 in village Dhotian and FIR No. 72/2019 under section 302/307/452/34 IPC Police Station Sirhali has been registered against Gurbhej Singh son of Bali Singh resident of village Tur, Tehsil and District Tarn Taran who has been arrested and has been lodged in the Central Jail, Amritsar and another murderer namely Buta Singh son of Gurnam Singh resident of village Tur, Tehsil and district Tarn Taran is still at large.  In this occurrence, one minor daughter of Dalbir singh has survived the attack and her name is Jashanpreet Kaur daughter of Dalbir Singh and her date of birth is 17.2.2013, though she was seriously injured who is complainant. Smt. Harbans Kaur aged about 60 years who is father’s sister of minor Jashanpreet Kaur and she is wife of Sham singh resident of village Waan Tara Singh, Tehsil Patti, District Tarn Taran has been appointed guardian by the court of Mrs. Paramjit Kaur, Additional District & Sessions Judge, Tarn Taran, District Tarn Taran vide order dated 4.9.2019 passed by the Court. There is no other legal heirs of Sh. Dalbir Singh and Smt. Lakhbir Kaur. Smt. Harbans Kaur guardian of the minor served a written representation to opposite parties on 20.9.2019 and submitted the required documents alongwith the representation. She requested the opposite parties to make arrangements expeditiously to give the benefit with all the benefits attached to above detailed policy to minor jashanpreet Kaur daughter of Dalbir Singh resident of village Dhotian at present residing in village Waan Baba Tara Singh with Smt. Harbans Kaur and the amount may be deposited in the Bank Account of minor Jashanpreet Kaur. The account Number will be informed later on and Jashanpreet Kaur will be entitled to withdraw the amount after attaining the age of majority and this is in the benefits of the minor. The respondents did not care to act upon this representation dated 20.9.2019 sent through registered post which was received by the respondents and act of non-responding to representation in the situation explained in the above paragraph, is deficiency in services to the complainant. When the complainant through Harbans Kaur contacted the opposite party and told them that they did not care about it and she was not heard at all, rather they countered the allegations and told the complainant to do whatever she can do. As such, opposite parties have committed an offence under the Consumer Protection Act and also caused mental pain, harassment and agony to the complainant.  Again on 5.11.2019, a reminder/ legal notice was served upon the respondent stating that there is no response on the part of respondents in respect of notice dated 20.9.2019 and both respondents were requested to do the needful expeditiously and action must be taken within 15 days from the receipt of notice dated 5.11.2019. But it is high degree of sadness and negligence on the part of the opposite parties that nothing was done by them and there is no response to both the notices sent to them by Smt. Harbans Kaur on behalf of minor Jashanpreet Kaur daughter of deceased couple. The complainant is the consumer of the opposite party as her father Dalbir Singh purchased the insurance policy from the opposite parties and there is a deficiency of service to the consumer on the part of the opposite parties.  The complainant has prayed that the opposite party may be directed to make the payment of insured amount i.e. a sum of Rs. 1,75,000/- with all the death benefits and interest thereon @18% per annum from 24.5.2019 till  the final and full payment is made in favour of complainant in the interest of justice, equity and fair play. Alongwith the complaint, the complainant has placed o record his affidavit Ex. C-1, attested copy of policy Ex. C-2, Notice dated 20.9.2019 Ex. C-3, Postal Receipts dated 20.9.2019 Ex. C-4 and Ex. C-5, Reminder dated 5.11.2019 of notice dated 20.9.2019 Ex. C-6 and its postal receipts dated 5.11.2019 Ex. C-7 and Ex. C-8, Copy of FIR No. 72 dated 2019 Police Station Sirhali Ex. C-9, Rapat No. 22 dated 26.5.2019 Ex. C-10, Certified copy of order dated 4.9.2019 Ex. C-11, Attested Copy of Adhar Card of Harbans Kaur Ex. C-13.

2        Notice of this complaint was sent to the opposite party and opposite party appeared through counsel and filed written version by taking preliminary objections that without going in to merits of the aforesaid complaint, it is submitted that the complainant Ms. Jashanpreet Kaur through her guardian i.e. Smt. Harbans Kaur so far has neither lodged the death claim of her father/ deceased life assured i.e. late Mr. Dalbir Singh nor submitted any documents with the opposite parties, therefore, the opposite parties are unable to  process the claim of the complainant, hence the present complaint being pre mature is liable to be dismissed.  The father of the complainant i.e. Dalbir Singh submitted a proposal/ application form for the purchase of HDFC SL ProGrowth Plus having annual premium of Rs. 25,000/-.  with policy term for 15 years and having sum assured of Rs.1,75,000/-, consequently, an insurance policy bearing policy No. 18072726 was issued on 21.12.2015. Before acceptance of the proposal by the opposite parties the contents of the proposal/ application, illustrations and the addendum forms were read and explained to the DLA. On the basis of the information furnished in the application/ proposal form, the proposal was processed by the opposite parties and thereafter the policy was issued to the DLA. Before acceptance of the proposal by the opposite parties, adequate information with regard to the product, nature and its significance was given to the DLA. In addition to the above the sales literatures and the necessary guidance was also provided by the concerned financial consultant/ agent and were duly explained to the complainant. Copy of insurance policy dated 21.12.2015 is Annexure OP-2. The complainant Ms. Jashanpreet Kaur or her appointed guardian i.e. Smt. Harbans Kaur has not so far submitted the duly filled claim form alongwith all other necessary documents in terms of the policy regarding the death claim of her father, therefore, the opposite parties are under the process and decide the claim. The complainant with her guardian i.e. Smt. Harbans Kaur came to the office of the opposite party No. 1 situated in Tarn Taran all the formalities/ forms were given to her and she was advised to submit the death claim after competing the same. Neither the claim form nor other documents were submitted by her so far, therefore, the claim of the complainant could not be processed. The complainant may be directed to approach the opposite party at its Tarn Taran branch alongwith all the documents and opposite parties undertake to decide the said claim within a period of two months from the date of submission of the said papers. The documents which are required to be submitted are reproduced below:-

Documents to be submitted

All the documents which are appended alongwith the present complaint have not been submitted by the complainant in the office of the opposite parties, hence the present complaint should be dismissed being pre mature. The complainant be directed to submit the documents as stated in Para No. 4 of the Preliminary objections with the answering opposite parties within a time frame and after receipt of the said documents, the opposite parties would investigate the claim as per the rules and regulations framed by the IRDA and if the claim is payable then the same would be released to the complainant subject to the confirmation that she is the only surviving legal heir of the deceased life assured Sh. Dalbir Singh. The opposite parties reserve their right to file a detailed reply on merits, if need arises at any point of time during the pendency of present complaint before this Commission. On merits, it was pleaded that the father of the complainant i.e. Sh. Dalbir Singh submitted proposal/ application form for the purchase of HDFC SL ProGrowth Plus having annual premium of Rs. 25,000/- with policy term for 15 years and having sum assured of Rs. 1,75,000/- was issued on 21.12.2015. Nominee in the said policy was Smt. Lakhbir Kaur.  Neither the complainant nor any of her family member/ legal guardian ever approached opposite parties for lodging death claim on the life of Sh. Dalbir Singh. Jashanpreet Kaur will have to submit succession certificate that she is the only legal heir in case the death claim is payable after processing/ investigating the same by opposite parties.  The complainant or her guardian have not submitted any documents on either in the office of opposite party No. 1 or opposite party No. 2. Moreover, there is no receiving on any of these documents which are appended by complainant with the present complaint. On submission of the complete documents the claim of the complainant shall be processed within the period of two months as referred in Para No. 4 of the preliminary objections.  The matter regarding the entitlement of the complainant for the insurance amount till remains to be examined for want of all the documents which have not been submitted by the complainant, hence, the complaint is pre-mature.  The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same.

3        The complainant has filed the rejoinder and pleaded that some documents were submitted to the opposite party with notice dated 20.9.2019 sent through registered post. After the receipt of the notice, Smt. Harbans Kaur visited the Bank many times but she was not heard at all. Now the complainant through Smt. Harbans Kaur undertakes to submit all the documents to the opposite party with the hope that the claim will be settled within two months during the pendency of the present complaint and the complainant reiterated the stand as taken in the complaint and prayed that the present complaint may be allowed.

4        We have heard the Ld. counsel for the parties and have carefully gone through the record.

5        Without touching the merits of the present case, we have to see the pleadings of the parties the opposite parties have filed written version and pleaded that the father of the complainant i.e. Dalbir Singh submitted a proposal/ application form for the purchase of HDFC SL ProGrowth Plus having annual premium of Rs.25,000/- with policy term for 15 years and having sum assured of Rs.1,75,000/-, consequently, an insurance policy bearing policy No. 18072726 was issued on 21.12.2015. It is further case of the opposite parties that the complainant Ms. Jashanpreet Kaur or her appointed guardian i.e. Smt. Harbans Kaur has not so far submitted the duly filled claim form alongwith all other necessary documents in terms of the policy regarding the death claim of her father, therefore, the opposite parties are under the process and decide the claim. The complainant with her guardian i.e. Smt. Harbans Kaur came to the office of the opposite party No. 1 situated in Tarn Taran and all the formalities/ forms were given to her and she was advised to submit the death claim after competing the same. Neither the claim form nor other documents were submitted by her so far, therefore, the claim of the complainant could not be processed. The complainant may be directed to approach the opposite party at its Tarn Taran branch alongwith all the documents and opposite parties undertake to decide the said claim within a period of two months from the date of submission of the said papers. The documents which are required to be submitted are reproduced below:-

Documents to be submitted

The complainant has filed the rejoinder and in the rejoinder has pleaded that some documents were submitted to the opposite party with notice dated 20.9.2019 sent through registered post. After the receipt of the notice, Smt. Harbans Kaur visited the Bank many times but she was not heard at all. Now the complainant through Smt. Harbans Kaur undertakes to submit all the documents to the opposite party with the hope that the claim will be settled within two months during the pendency of the present complaint.  During the course of arguments, Ld. counsel for the complainant has argued that the complainant is ready to submit the requisite documents to the opposite parties and also argued that documents have already been given to the opposite parties with legal notice. In case Balu Waman Kadam vs. ICICI Lombard General Insurance Co. IV (2013) CPJ 16A (CN) (Mah.), the matter was similar, wherein the Insurance Company was asking the complainant to submit the documents again and again and the complainant was alleging that he had already submitted the requisite documents to the Insurance Company. In such circumstances, the Hon’ble State Consumer Disputes Redressal Commission Maharashtra disposed of the matter, by directing the Insurance Company to reconsider the claim of the complainant within one month on receipt of the required documents from the complainant. 

6        While relying upon the above said authority, the Hon’ble State Commission, Punjab, Chandigarh passed the similar orders in case M/s Trends, through its Proprietor vs The Oriental Insurance Company Limited & Anr. Consumer Complaint No.245 of 2015 decided on 04.08.2017; and M/s Gurbir Rice Mills v. United India Insurance Company Ltd. & Ors. Consumer Complaint No.404 of 2016, decided on 09.10.2017, directing the Insurance Company to reconsider the claim of the complainant after submission of requisite documents by the complainant to it. 

7        In view of our above discussion as well as keeping in view the ratio of above said judgments, we are of the opinion that the ends of justice would be met, if the Insurance Company be directed to decide the claim of the complainant, after the complainant submit all the requisite documents.

8        In view of the above discussion, the present complaint is disposed of with the direction to the complainant to submit the requisite documents demanded by the opposite parties-Insurance Company as mentioned in Para No. 4 of Preliminary objection of written version i.e.

to opposite parties at their Tarn Taran branch for deciding the claim within a period of 15 days from the date of receipt of copy of order and on approaching the complaint for supplying the requisite documents, the opposite parties will issue proper receipt acknowledging the same. The opposite parties shall decide the claim of the complainant within a further period of two months therefrom and in case of failure on the part of the opposite parties, the claim case of the complainant deemed to have been accepted.  This complaint could not be decided within prescribed period due to heavy pendency of cases in this commission and COVID-19. Copy of order be supplied to the parties as per rules. File be consigned to record room.

Announced in Open Commission.

23.02.2022

 (Charanjit Singh)

     President

          (Nidhi Verma)

                                                                                Member