­BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Execution No. 56 of 2015

Date of Institution : 10.4.2015

Date of Decision : 10.9.2015

Mor Singh, aged about 40 years s/o S. Piara Singh R/o village Khusu Pura, P.O.Bhindi Saidan, Tehsil Ajnala District Amritsar

...Applicant/Complainant

Vs.

ICICI Lombard General Insurance ,Office at ICICI Lombard Health Care, ICICI Bank Tower, Plot No. 12, Financial District, Nanakram Guda, Gachibowli, Hyderabad, Andhar Pradesh 500032

....Respondents/Opp.party

Application under section 27 of the Consumer Protection Act, 1986

Present : For the applicant: Sh. Deepinder Singh, Advocate

For the respondent: Sh.Amit Bhatia, Advocate

Quorum : Sh. Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa,Member

Sh. Anoop Sharma, Member

-2-

Order dictated by :-

Bhupinder Singh, President

1. Applicant Mor Singh has filed the present execution application for the compliance of order passed by this Forum dated 19.12.2014. The complainant submitted that vide order dated 19.12.2014 this Forum has disposed of complaint No. 532 of 2012 with the directions to the complainant to submit duly filled in claim form alongwith relevant documents to the opposite party within one month from the date of receipt of the orders and the opposite party No.4 was directed to decide the claim case of the complainant within one month from the date of receipt of the claim form alongwith relevant documents from the complainant. The complainant/applicant sent the claim form alongwith relevant documents to the opposite party at their Hyderabad address through registered post on 6.2.2015 but the opposite party has not decided the claim case of the complainant and the complainant was forced to file the present execution application u/s 27 of the Consumer Protection Act. The complainant also filed the copy of claim form and the cancelled cheque.

2. Notice of this application was given to the opposite party/respondent Sh. Amit Bhatia,Advocate appeared on behalf of the respondent and stated that the complainant did not submit all the relevant documents. The complainant was told to submit certified copy of the death certificate,postmortem report and attested copy of FIR, but the complainant did not submit these documents. So the opposite party repudiated the claim of the complainant vide letter dated 6.5.2015 and the same was informed to the concerned PACL India Ltd as the insured has obtained Group Insurance policy . He produced on record the copy of the repudiation/closure letter dated 6.5.2015 from the opposite party.

3. We have heard the ld.counsel for the parties and have minutely gone through the record.

4. Vide order dated 19.12.2014 this Forum has directed the complainant to submit duly filled in claim form alongwith relevant documents to the opposite party within one month from the date of receipt of the copy of the order and then opposite party No.4 was directed to decide the claim case of the complainant within one month from the date of receipt of the claim form and relevant documents from the complainant. No doubt the complainant has submitted that he sent the claim form and the relevant documents to the opposite party No.4 through registered post, postal receipt of which is dated 6.2.2015. The opposite party has submitted that the complainant has not submitted all the relevant documents which were necessary to decide the claim case of the complainant i.e. attested copy of death certificate, attested copy of postmortem report and attested copy of complete FIR. The complainant could not produce any cogent evidence to prove that he supplied the aforesaid documents to the opposite party . Rather the complainant has filed affidavit with this complaint dated 3.8.2015 that no postmortem on the dead body of insured Mahinder Kaur was conducted. The complainant/applicant should have filed this affidavit to the opposite party. But the complainant/applicant neither submitted postmortem report of DLA Mahinder Kaur nor filed this affidavit to the opposite party. So all this shows that the complainant/applicant did not supply the complete/all the relevant documents to opposite party/respondent for the settlement of the claim of the complainant. Now the opposie party has decided the claim case of the complainant and the opposite party has produced letter dated 6.5.2015 in this respect. So we hold that opposite party has complied with the order of this Forum dated 19.12.2014 and the complainant/applicant now has the option to file fresh complaint, if he is not satisfied with the decision of the opposite party/respondent.

5. In these circumstances we do not find any merit in this execution application and the same is hereby dismissed. Papers be consigned to the record room.

10.9.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member