BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 32 of 2016
Date of Institution: 01.02.2016
Date of Decision : 20.2.2017
Kuldeep Singh son of Devi Lal, resident of village Sabarwas, Tehsil & District Hisar.
…Complainant.
Versus.
1. HDFC Standard Life Insurance Company Limited, HDFC SL Sirsa Branch, 1st Floor, Classic Auto Care, Sangwan Chowk, Opposite Sharma Petrol Pump, Dabawali Road, Sirsa- 125055 through its Branch Manager.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA …………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Sh. J.S. Sidhu, Advocate for the complainant.
Sh. Ashish Goel, Advocate for opposite party.
ORDER
In brief, the case of the complainant is that father of complainant namely Devi Lal son of Sher Singh had got himself insured with the opposite party vide insurance policy No.16278556 dated 7.9.2013 for sum assured of Rs.18,00,000/- and he made the payment of the insurance premium to the op in time. The complainant is nominee in respect of said insurance policy. The father of complainant died on 13.10.2013 and after his death the complainant submitted all the requisite documents with the opposite party and also completed all the requisite formalities of op. It was assured to the complainant that the claim will be settled very soon and insurance benefits will be released to him. It is further averred that op instead of settling the claim of complainant has repudiated the claim of complainant vide letter dated 1.9.2014 under the pretext that at the time of issuance of insurance policy the life assured was dead whereas the op in fact had insured the life assured during his life time and had issued the insurance policy to him. The life assured died on 13.10.2013. The insurance claim of complainant has been repudiated by the op on the basis of false, frivolous and flimsy grounds in order to avoid its liability of making the payment of insurance benefits to the complainant. Hence, this complaint.
2. On notice, opposite party appeared and filed written statement to the effect that the policy in question is an outcome of fraud so played by the complainant in collusion with the financial agent and present policy has been procured by the complainant by impersonating late Devi Lal. On the date of applying for a policy, Devi Lal in whose name the policy stands purchased and procured was no more in the world and he died much prior to the purchase of policy in question. So from the above series, no concluded contract came into existence on 7.9.2013. The father of complainant passed away on 3.9.2013 and not on 13.10.2013 as claimed by complainant and as per the investigation report, no claim is admissible to the complainant in respect of the policy in question. The op company within a very short time were in receipt of death claim form from the complainant and upon perusal of the same and as per the death certificate attached with the claim form, it has been revealed to the op that the life assured passed away on 13.10.2013. However being any early claim i.e. within one month from the commencement of the policy, the op had processed the case for conducting necessary investigation and during the course of investigation, it has been revealed to the op that the death certificate is forged one and the life assured much prior to the purchase of policy i.e. 7.9.2013 has passed away and the policy in question is the result of misrepresentation so played by the complainant upon the op in collusion with the financial agent. During the course of investigation, it came into knowledge of op, that the alleged fake death certificate stands issued on the basis of declaration of some doctor whereas the life assured much prior to the taking policy was no more in the world and the factum of passing away of life assured was found in a register maintained by the concerned Anganwari department wherein the date of death of life assured was clearly mentioned as 3.9.2013. Apart from the same, the other thing which proves the misrepresentation by the complainant and passing away of life assured was proved from the fact that the alleged life assured had got recorded his age as 50 years on the date of entering into proposal form and during the course of investigation, it came into knowledge that the age of life assured on the date of his death was 57 years and not 50 years and even the hospital record upon which the complainant is talling his claim is forged one. The claim put forth by complainant has rightly been repudiated vide letter dated 1.9.2014.
3. By way of evidence, complainant produced his affidavit Ex.C1/A, letter dated 8.9.2013 Ex.C1, copy of repudiation letter dated 1.9.2014 Ex.C2, copy of death certificate of Devi Lal Ex.C3, copy of aadhar car Ex.C4, copy of affidavit of complainant Ex.C5, copy of certificate of Shree Satya Sai Trust Hospital, Barwala Ex.C6, copy of register of said hospital Ex.C7, copies of slips Ex.C8, Ex.C9, copy of unavailability certificate Ex.C10, copy of register Ex.C11. On the other hand, op produced affidavit Ex.RW1/A and copies of documents Ex.R1 to Ex.R10.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. It is the specific and categorical stand of the opposite party that the policy in question is an outcome of fraud so played by the complainant in collusion with the financial agent and on the date of applying for a policy, Devi Lal in whose name the policy stands purchased and procured was no more in the world and died on 3.9.2013 and not on 7.9.2013, so no concluded contract came into existence on 7.9.2013 i.e. date of purchase of policy in question. According to the opposite party, the said factum of death of Devi Lal on 3.9.2013 is mentioned in the register maintained by the Anganwari department. To substantiate its plea, the opposite party has placed on file copy of certificate of Smt. Banarsi Devi A.W.W. Anganwari worker, center Sabarwas, District Hisar in which she has certified that Devi Lal son of Sher Singh, resident of village Sabarwas, Tehsil and District Hisar expired on 3.9.2013 and his death is entered in their register at srial No.3. The opposite party has placed on file copy of the said register in which the date of death of Devi Lal son of Sher Singh is mentioned as 3.9.2013 and said entry is at Sr. No.3 of the said register. The opposite party has also placed on file copy of investigation report Ex.R9 corroborating its version. After the specific stand of the opposite party taken in the written statement that death of Devi Lal actually took place on 3.9.2013 and not on 13.10.2013 i.e. much prior to the applying for the policy in question, the complainant has not refuted the said stand of the opposite party by leading cogent and reliable evidence. The complainant has not bothered to produce affidavit of Aaganwari worker to prove that she has not given any such certificate to the Investigator and entry in the said register/ register is not correct or does not pertain to their center. Even the affidavit of complainant Ex.C1/A is almost repetition of the contents of the complaint in which he has not even denied the above allegations of the opposite party. The complainant was required to prove by leading reliable and cogent evidence that they did not commit any type of fraud upon op and death of his father actually took place on 13.10.2013 and not on 3.9.2013 but he has failed to do so. In view of the above specific stand of the opposite party corroborated by documents, the complainant was required to produce affidavit of doctor to whom deceased Devi Lal was allegedly taken but that has also not been done by complainant. So, we are of the considered view that opposite party has rightly repudiated the claim of the complainant vide repudiation letter dated 1.9.2014 and same does not call for our interference.
6. Thus, as a sequel to our above discussion, we find no merit in the present complaint and same is hereby dismissed but with no order as to costs. 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:20.2.2017. District Consumer Disputes
Member Redressal Forum, Sirsa.
