DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ==== Consumer Complaint No | : | 731 of 2010 | Date of Institution | : | 02.12.2010 | Date of Decision | : | 01.09.2011 |
Dr.Barinder Singh, resident of House No.3168, Sector 50-D, Paradise Enclave, Chandigarh-160047. …..Complainant V E R S U S 1] ICICI Lombard General Insurance Company Limited, Corporation Office : Zenith House, Keshavrao Khadye Marg, Mahalaxmi, Mumbai-400034. 2] ICICI Lombard General Insurance Company Limited, Branch Office: SCO 24-25, 1st Floor, Sector 8-C, Madhya Marg, Chandigarh. ……Opposite Parties CORAM: SH.P.D.GOEL PRESIDENT SH.RAJINDER SINGH GILL MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by: Sh.Sandeep Bhardwaj, Counsel for the Complainant. Sh.Nitin Kant Setia, Counsel for OPs. PER Sh.P.D. GOEL, PRESIDENT In brief, the case of the complainant is that he and his wife took Home Loan from OPs against House No.3168, Sector 50 H.B. Society, (paradise Enclave), Chandigarh. The said home loan was insured vide Home Insurance policy No.4013/4344/ICICIHL/0006141 which was valid from 10.06.2006 to 10.07.2011 for sum assured of Rs.5 lacs. It is further case of the complainant that on the unlucky day of 28.5.2010, his son, who was away to Manali alongwith his school teachers and class-fellows, called his mother that he was beaten by the teachers and they had left him in the campus. Hearing these words from her son, she immediately rushed to the School. When she reached school premises, she started feeling difficulty in breathing. She was immediately taken to Fortis Hospital by the complainant, where she was declared dead. The cause of death in the Post Mortem Report dated 29.5.2010 has been given as ‘Cardiogenic Shock (Vasovagel Shock) leading to Sudden Cardiac Arrest. It is further the case of the complainant that he filed the claim along with the requisite documents with the OPs but they vide letter dated 20.9.2010 rejected the claim on the ground that it did not fall under the policy terms. According to the complainant, the OPs have illegally repudiated the claim which amounts to deficiency in service on the part of OPs, hence this complaint. 2. OPs filed their written statement. In their written statement, the OPs have denied all the averments made in the complaint. Pleading that there is no deficiency in service on their part, prayer for dismissal of the complaint has been made. 3. Parties led evidence in support of their contentions. 4. We have heard the learned counsel for the parties and have also perused the record. 5. The perusal of Annexure C-1 reveals that it is a Home Insurance Policy bearing No.4013/4344/ICICIHL/0006141. Annexure C-12 is the repudiation letter, wherein, it has been stated that the claim pertains to Policy No.4026/0000013/ICICIHL/0006141. 6. Now it is clear that the claim with regard to insurance policy No.4026/0000013/ICICIHL/0006141 has been repudiated by the OPs, whereas, the present complaint has been filed with regard to Home Insurance Policy bearing No.4013/4344/ ICICIHL/ 0006141 regarding which no claim has been lodged by the complainant so far with the OPs nor it has been repudiated, therefore, the complaint is premature. 7. As a result of the above discussion, the complainant is directed to submit the claim in respect of the policy in question along with requisite documents to the OPs within 30 days from the date of order and thereafter the OPs are directed to settle/decide the claim within 90 days from the date of receipt of the claim in question. However, it is made clear that, in case, the complainant is not satisfied with the settlement, he has a right to approach the Forum again, as per law. No order as to costs. The complaint stands disposed of accordingly. 8. Certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 01.09.2011 | [Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | Cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
