Haryana

Kurukshetra

82/2017

Lajja Ram - Complainant(s)

Versus

ICICI - Opp.Party(s)

Mohinder Singh

07 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.82 of 2017.

                                                     Date of institution: 18.04.2017.

                                                     Date of decision:07.05.2018.

1. Lajja Ram son of Punjaba Ram.
2. Jarnailo Devi wife of Lajja Ram, both residents of Village Tatka, Tehsil Thanesar, Distt. Kurukshetra.

                                                                        …Complainants.

                        Versus

1. ICICI Prudential Life Insurance Company Ltd., Kurukshetra, through its Branch Manager, Sector-17, Kurukshetra, SCO No.33.
2. ICICI Prudential Life Insurance Company Ltd., ICICI Prulife Towers-1089, Appasheb Maratha Marg, Prabhadevi, Mumbai-4000125, through its Managing Director. 

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. M.S.Umri, Advocate, for the complainants.   

                Sh. Karan Tanwar, Advocate for the OPs.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainants Lajja Ram and Jarnailo Devi against ICICI Prudential Life Insurance Company, the opposite party.

2.            It is stated in the complaint that the son of complainants namely Vikram was got insured with the Ops on 19.08.2009 vide policy No.122118578 for a sum of Rs.1,00,000/-.  It is alleged that Vikram Singh died suddenly on 04.01.2010 while he was working in the fields.  The complainants lodged the claim with the Ops and demanded the double amount of the insured amount but the Ops did not do so.  It is further alleged that earlier a similar complaint was filed in this Forum which was decided on 30.11.2016 and this Forum directed the Ops to settle the claim within three months but the Ops have not settled the matter and paid only Rs.1,00,000/- instead of Rs.2,00,000/-.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to pay Rs.1,00,000/- as per terms and conditions of the policy. 

3.            Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that on 30.11.2016, this Forum had passed an order directing the complainant to file the claim before the Op company and further directed to settle the claim within three months; that the complainants approached the company wherein they filed the death claim on 30.01.2017 and on 07.02.2017 the company paid the death claim of Rs.1,00,000/- through NEFT in the State Bank of India account of the complainant as per terms and conditions of the policy.  There is no deficiency in service on the part of Ops.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             No evidence was led by both the parties.

5.             This complaint was decided by this Forum vide order dt. 30.11.2016 and the parties were directed to settle the claim within three months.

6.             From the pleadings, it is clear that the complainants have claimed the double of amount of insurance policy.  There is no provision in the insurance policy for giving them the double of the amount.  The amount of Rs.1,00,000/- has already been paid to the complainant.  

7.             Thus, as a sequel of above discussion, the complaint stands dismissed.  Copy of said order; be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:07.05.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member