Punjab

Sangrur

CC/557/2016

Hardeep Singh - Complainant(s)

Versus

IFFCO TOKIO General Insurance Company Limited - Opp.Party(s)

Shri R.K.Khipla

20 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  557

                                                Instituted on:    14.09.2016

                                                Decided on:       20.01.2017

 

 

Hardeep Singh son of late Sh. Balwinder Singh, R/O VPO Banarasi, Tehsil Moonak, District Sangrur.

                                                        …Complainant

                                Versus

1.             IFFCO TOKIO General Insurance Company Limited, Iffco Tower, 4^th & 5^th Floor, Plot No.3, Sector-29, Gurgaon (Haryana) 122 001 through its M.D.

2.             The Sangrur Central Cooperative Bank Ltd., Branch Khanauri 148 027, Tehsil Moonak, District Sangrur through its Branch Manager.

3.             The Banarasi Cooperative Agriculture Services Societies Ltd. at Khanauri, Tehsil Moonak, Distt. Sangrur through its Secretary/President.

                                                        ..Opposite parties

 

 

For the complainant  :       Shri R.K. Khipla, Adv.

For OP No.1             :       Shri Darshan Gupta, Adv.

For OP No.2             :       Shri R.S.Bhangu, Adv.

For OP No.3             :       Shri Ramit Pathak, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

 

 

Order by : Sukhpal Singh Gill, President

 

1.               Shri Hardeep Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the father of the complainant, namely, Balwinder Singh was the member of the OP number 3 vide account bearing number 306 and all the members were insured under Sankat Haran Bima Policy of the OP number 1 under which on the purchase of one bag of DAP/Urea/NPK fertilizer the  company was liable to pay Rs.4000/- per bag as insurance to the nominee/legal heirs of the member in case of his/her accidental death.  That the father of the complainant Shri Balwinder Singh purchased 12 bags of DAP from OP number 3 through receipt number 237 dated 25.10.2013 and the payment of Rs.14,700/- was made vide cheque dated 25.10.2013.

 

2.               Further case of the complainant is that Shri Balwinder Singh member of the OP number 1 met with a road side accident on 19.4.2016 and died on 20.4.2014 at Amar Hospital, Patiala. Thereafter the complainant being the nominee submitted all the documents to the OPs. Further case of the complainant is that the OP number 1 which is at Patiala intimated the complainant that the cheque bearing number 515109 dated 2.4.2015 has been made in favour of his mother, namely, Gurtej Kaur and asked the complainant to collect the same, but complainant requested him that his mother has already died prior to the death of Shri Balwinder Singh.  Thereafter the complainant requested the Ops to many times to make the payment of claim i.e. Rs.48,000/-, but all in vain.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to pay to the complainant the claim amount of Rs.48,000/- along with interest @ 18% per annum from the date of death of Shri Balwinder Singh  till realisation and further claimed compensation and litigation expenses.

 

3.               In reply filed by OP number 1, it has been averred that the claim was lodged about the death of Balwinder Singh son of Jagan Singh and after due verification of the papers regarding the accidental death, a cheque number 515109 dated 2.4.2015 for Rs.48,000/- was issued in the name of Gurtej Kaur widow of Balwinder Singh (referred to as DLA in short), which was never returned to the OPs.  It is stated further that the policy in question i.e. Sankat Haran accidental policy is for the benefits of the farmers, who purchases IPL brand during the period of 12 months preceding the date of accident during the currency of the scheme. Each bag of 50 Kg fertilizer carries with it an insurance cover of Rs.4000/-, however the maximum limit of insurance is Rs.1,00,000/-.  It is further stated that the Op had honoured the claim and had sent the cheque number 5125109 dated 2.4.2015 for Rs.48,000/- in the name of Gurtej Kaur, the wife of the DLA. It is stated further that the death certificate of the mother of the complainant and other relevant documents were not submitted and the re issuance of the cheque is not possible without having requisite details of the legal heirs of the DLA. Lastly, the OP has prayed for dismissal of the complaint with special costs.

 

4.               In reply filed by OP number 2, legal objections are taken up on the grounds that the complainant has not come to the Forum with clean hand and that the complainant has no cause of action to file the present complaint. On merits, the contents of the complaint are admitted to be true and has further admitted that the member of the society is insured under Sankat Haran Bima Yojna as per the rules.  However, any deficiency in service on the part of the OP number 2 has been denied.

 

5.               The OP number 3 has also filed the reply on the same lines of OP number 2 and any deficiency in service on the part of the OP number 3 has been denied. However, it is admitted that the DLA Balwinder Singh was the member under account number 306, who had purchased the urea from the OP vide receipt number 237 dated 25.10.2013 by paying an mount of Rs.14,700/-.

 

6.               The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of claim form, Ex.C-3 copy of death certificate of Balwinder Singh, Ex.C-4 copy of death certificate of Gurtej Kaur, Ex.C-5 copy of ration card, Ex.C-6 copy of KCC passbook, Ex.C-7 copy of stock register, Ex.C-8 copy of distribution register, Ex.C-9 copy of legal notice, Ex.C-10 to Ex.C-12 copies of postal receipts, Ex.C-13 copy of inquest report, Ex.C-14 copy of post-mortem report, Ex.C-15 copy of DDR, Ex.C-16 copy of statement dated 20.7.2014, Ex.C-17 copy of voter ID, Ex.C-18 copy of voter ID of Gurtej Kaur, Ex.C-19 copy of letter dated 16.4.2015, Ex.C-20 copy of list of members, Ex.C-21 copy of purchase voucher and closed evidence. On the other hand, the learned counsel for OP number 1 has produced Ex.OP1/1 affidavit, Ex.OP1/2 copy of terms and conditions and closed evidence. The learned counsel for OP number 2 has produced Ex.OP2/1 copy of passbook and closed evidence. The learned counsel for OP number 3 has produced Ex.OP3/1 affidavit, Ex.OP3/2 copy of passbook, Ex.OP3/3 copy of stock register, Ex.OP3/4 copy of distribution register, Ex.OP3/5 copy of certificate dated 16.4.2015, Ex.P3/6 copy of members list, Ex.OP3/7 copy of receipt number 237 and closed evidence.

 

7.               We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

8.               It is an admitted fact between the parties that the DLA Balwinder Singh was having an account number 306 with the OP number 3 being the member of the society and further he was insured under Sankat Harana Bima Yojna for Rs.4000/- each on purchase of the fertilizer bag such as urea/DAP etc. It is further not in dispute that the DLA Balwinder Singh died on 20.4.2014 in an accidental death.  It is also not in dispute between the complainant and the OP number 1 that the claim of the complainant was settled at Rs.48,000/- and the OP number 1 issued cheque bearing number 515109 dated 2.4.2015 in the name of the mother of the complainant, Smt. Gurtej Kaur.  But, the version of the complainant is that his mother Smt. Gurtej Kaur had already died on 15.09.2009 prior to the death of the DLA, as is evident from the death certificate of Smt. Gurtej Kaur, a copy of which on record is Ex.C-6.  As such, we feel that there is no occasion/justification for the OP number 1 to issue such a cheque for Rs.48,000/- in the name of dead person i.e. Gurtej Kaur, more so when the complainant has produced the copy of death certificate of Gurtej Kaur on record as Ex.C-6.  The learned counsel for the complainant has also drawn our contention to the letter issued by OP number 3 to the OP number 1, a copy of which on record is Ex.C-19, wherein it is clearly mentioned that Smt. Gurtej Kaur has already died on 15.9.2009 and the fresh cheque for Rs.48,000/- be issued in the name of the nominee i.e. Hardeep Singh, which fact is also evident from the copy of member report Ex.C-20, wherein it is clearly mentioned that Hardeep Singh is the nominee under the policy.  We may further mention that the Op number 1 has produced no cogent, reliable and trustworthy evidence on record to show that the cheque bearing number 515109 dated 2.4.2015 was ever encased and debited to the account of the OP number 1.  As such, without going further into the merits of the case, we are of the considered opinion that the OP number 1 is liable to pay an amount of Rs.48,000/- to the complainant on account of death of the DLA being his nominee.

 

9.               In the light of above discussion, we allow the complaint and direct the OP number 1 to pay to the complainant an amount of Rs.48,000/- along with interest @ 9% per annum from 2.4.2015 (date of previous cheque number 515109) till realisation.  OP number 1 is further directed to pay to the complainant an amount of Rs.5,000/- in lieu of consolidated amount of compensation and litigation expenses.

 

10.             This order of ours be complied with within a period of thirty days of its communication. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                January 20, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                               

                                                                (Sarita Garg)

                                                                    Member

 

 

                                                        (Vinod Kumar Gulati)

                                                                    Member